NARASINGHA CHARAN RAY Vs. RADHAGOBINDA DEB BIJE

JUDGEMENT

(1.) THE judgment -debtor is the petitioner before this Court challenging the legality of the order dated 11.4.2005 passed by the learned Additional Civil Judge (Senior Division), Puri in C.M.A. No. 12 of 2004 rejecting the prayer for amendment of the petition filed by the petitioner under Section 47 of the Code of Civil Procedure.

(2.) THE case of the petitioner before the Executing Court is that due to typographical error some lines have been omitted in the.petition filed under Section 47 C.P.C. and that the said lines are required to be incorporated by way of amendment. The further stand of the petitioner is that in view of the grounds taken by the decree -holders -opposite parties, the petition filed under Section 47 needs amendment for addition of certain new facts, which can be considered under the scope of the execution proceeding.

(3.) THE learned Executing Court while dismissing the application observed that the judgment -debtor -petitioner, by way of amendment wanted to add some new facts, which would change the nature and character of the Execution Case.