SANKARA RAMESHWARAR DEVASTHANAM Vs. PITCHAIAMMAL

JUDGEMENT

(1.) THE civil revision petition has been filed against the order of the Executing Court, viz, the Principal District Munsif Court, Tirunelveli, dismissing the application of the revision petitioner in E.A. No. 349 of 1996 in E.P. No. 254 of 1994 in O.S. No. 1263 of 1981 on his file for amendment of the description of the property to be proceeded against in execution of the decree in the suit.

(2.) NOTICE of motion was ordered in the Civil revision petition on 17.2.1998. Though the respondents were served, they have not chosen to appear through counsel and contest the case. Mr.V. Raghavachari was appointed as amicus curiae to assist the court in the matter. The learned counsel also appeared and rendered valuable assistance by citing several authorities in support and against.

(3.) IN Sri Raja D.K. Venkata Lingama Nayanim etc., AIR 1967 Mad. 216 it was held by a Bench of this Court that, "a decree holder cannot be allowed to amend a previous execution petition by including fresh properties more than twelve years after the date of the decree and the court has no discretion in the matter." This is not a case where the decree holder seeks amendment by including fresh properties. What it seeks is only an amendment of the description by changing the name of the street.