GOURANGA CHARAN BARAL Vs. JAGANNATH BARAL

JUDGEMENT

(1.) JUDGMENT -debtor is the Petitioner in this Civil revision against an order allowing the amendment of the execution petition.

(2.) DIRECTION in the preliminary decree in partition carried over to the final decree is under execution. Decree -holders were entitled to recover 122 bharans of paddy as clarified in the preliminary decree. Decree -holder executing the decree was entitled to 17 bharans and 23 pudies therefrom as his share. After the final decree, he filed execution case No. 10 of 1970 for recovery of the same. However, it was dismissed. Long thereafter, he filed execution case No. 2 of 1981 for realisation of Rs. 5,486/ - towards value of 17 bharans, 16 pudies of paddy. When the execution proceeding was continuing, Decree -holder filed an application on 25 -11 -1988 for amending the amount sought to be recovered on the ground that in the meantime, price of paddy has increased. judgment -debtor resisted the application for amendment. Executing court having allowed the application for amendment, this civil revision has been filed.

(3.) IN case contention of Mr. A.K. Rao that quantity of paddy decreed is specific moveable property provision of Order 20, Rule 10 Code of Civil Procedure and Order 21, Rule 31 Code of Civil Procedure would be attracted. They read as follows: