VENKATARAMANA SUBRAYA BHAT Vs. THIMMAPPA VENKATARAMAN HEGDE

JUDGEMENT

(1.) The order allowing an amendment to the decree in OS. 143157 on the file of the Prl Munsiff, Sirsi, is the subject matter of this revision petitic under Section 115 of the Code of Civil Procedure.

(2.) The matter arises in this way: One Venkataramana Hegde, father of the respondents, filed OS. 143/57 to recover a sum of Rs.25,000 from the petitioners. The suit was decreed and, during the execution of the decree, there was a compromise to pay the decretal amount by instalments. The parties also agreed that the decree should be amended as per the terms thereof. The judgment-debtors appear to have paid some amount as per the instalments agreed upon. The respondents, before me, are the legal representatives of the decree-holder. To recover the balance, they filed an application for execution of the decree. The Court, then, said that unless the decree is amended as per the terms of the compromise, they cannot maintain the execution petition. So, the respondents filed another application under Ss.151 and 152 of the CPC to amend the decree. That application has been allowed by the Court. Hence, this revision petition.

(3.) Counsel for the petitioner urged before me that the Court has no jurisdiction to amend the decree as per the terms of the compromise.