SAGUA BARIK Vs. BICHINTA BARIK

JUDGEMENT

(1.) IN T. S. No. 122/56 in the Court of the Munsif, Bargarh a preliminary decree for partition was passed on 13-11-58 which was confirmed in T. A. No. 61 of 59 in the court of the Subordinate Judge of Sambalpur on 9-4-60. Concluding portion of the order dated 20-10-1962 in the final decree proceeding was to the following effect:

(2.) THE questions arise for consideration, (1) is the amendment of the decree permissible in the facts and circumstances of the case, and (2) even if it is permissible whether it should be allowed at such a late stage when the matter was not agitated in appeal.

(3.) FOR reasons, I would presently discuss, the amendment should be allowed both under Sections 151 and 152, C. P. C. Order 20, Rule 6 (1) enacts that the decree shall agree with the judgment. This is in consonance with the definition of 'decree' given in Section 2 (2), C. P. C. 'decree' means the formal expression of an adjudication. The adjudication is made in the judgment. In the decree a formal expression is given to such an adjudication. If the decree is not in conformity with the judgment, the decree must be amended to bring it in line with the judgment. Their Lordships of the Privy Council observed in AIR 1944 PC 46 as follows: