ABDUL HAMEED BASHIR MOHD Vs. SHAHJAHAN BEGUM

JUDGEMENT

(1.) FEELING aggrieved by the order dated 11th February, 2005 passed by learned 3rd Additional District Judge, Sagar, in M. J. C. No. 13/2004 dismissing the application under section 152, Civil Procedure Code filed by present applicants, this revision petition has been filed.

(2.) SANS unnecessary details facts lie in a narrow compass. Suffice it to state that a suit for specific performance of contract and for delivery of possession of suit property, the description whereof has been mentioned in the plaint was filed by Abdul Hameed whose L. Rs. are applicants 1. a and 1. b, namely, Bashir Mohd. and Rehana Begum. The said civil suit (C. S. No. 3-A/2003) was decreed on 31-1-2004 by learned trial Court directing defendant/respondent Shahjahan begum to execute a sale-deed in favour of plaintiffs. Learned trial Court further passed a decree that in case defendant fails to execute the sale-deed after receiving balance consideration, the plaintiffs, after depositing the balance amount of the consideration in the Court, shall be entitled to get the sale-deed executed through Court.

(3.) AFTER decreeing the suit of plaintiff for specific performance of contract, an application under section 152, Civil Procedure Code was filed by the present applicants praying therein to amend the decree by adding clause of delivery of possession. In the application it has been specifically mentioned that in the plaint a specific prayer is made to deliver the possession, but unfortunately on account of human error while passing the judgment and decree, the factum of delivery of possession could not be written.