BONGALE SESHAPPA Vs. R T PURUSHOTTAM

JUDGEMENT

(1.) We have perused the office note. Office note has laid emphasis on Section 153A of the Code of Civil Procedure. By the 1976 amendment to the Code Section 153A was introduced. It reads as follows :-

(2.) In that view we over rule the office objection and hold that application I.A. No. II should be allowed.

(3.) We notice from the decree drawn up by the lower Court in O.S. No. 61 of 1975 which was subject matter of R.F.A. No. 490/1985 was a suit for redemption of mortgage and for possession. The Form prescribed in Appendix-D to Civil Procedure Code for suits for foreclosure has been used and decree drawn up. We have no hesitation to hold that that is an error committed by the office of the trial Court. It should have drawn the decree as far as possible adhering to the form prescribed at Form No. 7F to appendix D to the Civil Procedure Code.