DEBA NAND NAITHANI Vs. JAYA NAND AND OTHERS

JUDGEMENT

(1.) This Civil revision, filed by the judgment-debtor, arises out of the amendment of the decree on an application made under Sec. 152, Civil Procedure Code. by the decree-holders.

(2.) The decree-holders brought a suit for possession over certain land by removal of encroachment and also for injunction. The suit was decreed "for possession over 1/16 nali of land shaded in yellow colour in Amin's map dated 15th March 1953." There was no order of demolition of any wall or any particular constructions though it was also observed at a later part of the operative portion that "it is unfortunate that a portion of the defendants' house has to be demolished but for this the defendants have to thank themselves." The matter went up in appeal and the decree of the trial court was confirmed. The decree, which was prepared, did not mention anything about the demolition of any construction and so the decree-holders (SIC) an application under Sec. 15, C.P.C., for amendment of the decree staling that the mistake was accidental or clerical. The learned Munsif of Pauri Garhwal relying upon the case of Chinta Mani Vs. Debi Prasad, AIR 1934 Allahabad 971 : 1934 ALJ 937 , accepted the decree-holders' contention and ordered the amendment of the decree. It is against this order that the present revision has been filed.

(3.) The main contention of Sri N.D. Pant, learned counsel for the applicant, is that the decree passed by the trial court having been confirmed in appeal the trial court had no jurisdiction to amend the decree because of its merger.