BHUYAN SHYAM SUNDER MOHAPATRA Vs. CH NILAKANTHA DAS

JUDGEMENT

(1.) CIVIL Revision No. 260 of 1949 and First Appeal No. 44 of 1951, involve common questions of fact and law and are heard together. They are disposed of by this common judgment.

(2.) CIVIL Revision No. 260 of 1949 arises out of an order passed by the learned Subordinate Judge of Cuttak in Misc. Case No. 1 of 1949 on an application filed by the petitioners, who will be referred to hereafter as mortgagees, under Sections 151, 152 and 153, Civil P. C. for amendment of the decree and judgment passed in a suit for foreclosure.

(3.) THE petitioners in the Civil Revision applied for amendment of the final decree on 3 -1 -49 and also filed the suit on 31 -1 -49. The only opposite party in the petition for amendment is Chaudhury Nilakantha Das, the mortgagor. The learned Subordinate Judge allowed the application for amendment for substituting the properties allotted to the mortgagor in partition suit in lieu of lot No. 6 of the mortgaged property which was an undivided share and the original suit was decided after the amendment was ordered.