RAMCHARAN Vs. SHIV PRASAD

JUDGEMENT

(1.) THIS order shall dispose of the above writ petitions namingly Writ Petition No. 1625 of 1992 and W.P. No. 1153 of 1993. The brief facts as to how this litigation has come to this Court are as under.

(2.) A civil suit was filed by Shiv Prasad. This was dismissed by the trial Court. On an appeal having been preferred before the appellate Court, a decree was passed in favour of Shiv Prasad. The appellate Court is Court of II Additional District Judge, Shivpuri. Against that, decree, an appeal was preferred in this Court. That appeal was dismissed in limine. This happened on 19th of June, 1990. Against this, a Special Leave Petition was preferred. This Special Leave Petition No. 15341 of 1990, was dismissed on 14th January, 1991.

(3.) THE respondents defendants who has filed petition No. 1153 of 1993 submits that the Additional District Judge had no jurisdiction to order amendment of the decree. According to him, only that Court which passed the final decree would be competent to amend the same. According to him, only the Supreme Court of India, has jurisdiction to amend the decree. In any case, it is submitted that this Court having dismissed the appeal against the decree could be amended by this Court alone.