JAGAT NARAIN TIWARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the parties. The ex parte decree for rent and eviction was passed against the revisionist. In the execution proceedings, an application for amendment in the plaint was moved on the ground that the boundaries of the suit property were inadvertently wrongly stated in the plaint. That application has been allowed by the trial court. The present revision is against the said order.

(2.) The sole question that arises for consideration is whether in the execution proceedings, amendment in the plaint can be allowed under Section 152, C.P.C. or not. Court below has relied upon two decisions of this Court In AIR 1935 All 914 and 1956 ALJ (6) 91.

(3.) The learned counsel for the revisionist submits that an amendment is not permissible under Section 152, C.P.C. Only clerical errors can be corrected in the judgment and decree.