K P PONNUSAMY Vs. PONNUSAMY GOUNDAR

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred against the order dated, 04.09.2007 made in E.A.No.133 of 2007 in E.A.No.247 of 2006 in E.P.No.33 of 2004 in O.S.No.99 of 1989 on the file of the District Munsif Court, Kangayam.

(2.) IT is not in dispute that the suit filed by the plaintiff before the trial court was decreed, wherein the name of the third respondent / fourth defendant is stated as Leelavathi, as stated in the plaint. By filing the Execution Application, under Order 6 Rule 17 of Civil Procedure Code, the petitioner herein sought an amendment to amend the name of Leelavathi as Neelavathi.

(3.) IT is a settled proposition of law that the Executing Court cannot go beyond the scope of the Judgment and Decree rendered by the trial court, while executing its jurisdiction.