PRATAP KUMAR SADHU Vs. MANOWARA BEGUM

JUDGEMENT

(1.) THE petitioners initially filed an application on 2nd September, 2009 under Section 152 read with Order 20 Rules XIV and VI of the Code of Civil Procedure in which a prayer was made for amendment of final decree dated 17th February, 1998.

(2.) THE said application was filed on the ground that the final decree dated 17th February, 1998 is not executable as the pre-emption value of Rs.34,000.00 together with the cost is allowed to be deposited and such value is incorporated in the final decree on the basis of the report filed by the learned Commissioner in this regard. It was contended that the judgment-debtors/stranger purchasers purchased the said family dwelling house property from the proforma defendant Nos.5 and 6 which resulted in a title suit being instituted being Title Suit No.36 of 1985 in the said proceeding, a preliminary decree of pre-emption was passed on 31st August, 1988 which records as follows:-

(3.) THEREAFTER , on consideration of the report of the learned Commissioner, a final decree was passed on 17th February, 1998. The petitioners/decree-holders did not deposit the values of the pre-empted property at the time of institution of the suit and such amount became payable under Order 20 Rule XIV of the Code of Civil Procedure. The final decree is required to mention the said value of the pre-empted property. The final decree was, however, silent on the same and, accordingly, the said final decree became inexecutable. On such plea, the aforesaid application was filed on 2nd September, 2009 for amendment of the decree. In the meantime, the plaintiff filed an execution application being Title Execution Case No.4 of 1995 which, however, became infructuous as the decree remains inexecutable in absence of the mentioning of the pre-emption value required to be deposited by the decree-holder.