SAHODRA DEVI Vs. VIIITH A D J

JUDGEMENT

(1.) The controversy involved In the Writ Petition No. 15135 of 1991 and the connected Writ Petition No. 19175 of 1997 are almost Identical, as such both these writ petitions are being decided by a common judgment.

(2.) This writ petition has been filed against the two concurrent judgments, one passed by the trial court on 17.3.1988 in Case No. 4/74 of 1982 arising out of execution Case No. 17 of 1981 dismissing the objection of the petitioners under Order XXI, Rule 58, C.P.C. and second judgment i.e., judgment dated 13.2.1991 passed in the Civil Appeal No. 311 of 1998 filed by the same petitioners.

(3.) The facts of the case are that one Smt. Girja Devi Opposite Party No. 3 filed a suit for maintenance, which was allowed against her husband Shalig Ram. The suit was decreed in her favour and she sought to execute the same. In the claim petition filed by her, she mentioned two properties but house No. 66/42A, Kachhiyana Mohal, district Kanpur was not mentioned in the said plaint. After the passing of the decree in her maintenance suit on 13.3.1969 which was passed for a sum of Rs. 27,479.50, she sought an amendment in the schedule and claimed that house No. 66/42A, Kachhiyana Mohal, district Kanpur was also to be included in the property of her husband sought an attachment of the sale. At the time when an amendment was allowed, her husband Shalig Ram was already dead.