PRITAM SINGH Vs. P DIDAR SINGH

JUDGEMENT

(1.) This appeal under clause 10 of the Letter Patent is directed against the judgment of the learned Single Judge dated November 6, 1973 whereby the second appeal filed by the appellant was dismissed.

(2.) The admitted facts giving rise to this appeal are that Didar Singh respondent filed a suit for possession of land measuring 24 Kanals 8 Marlas by way of pre-emption comprised of four Khasra numbers, including Khasra No. 8/1. In the plaint, however, this Khasra number was wrongly described as 18/1 and the total area of the land as 29 Kanals 9 Marlas instead of 24 Kanals 9 Marlas. On an application made by the plaintiff, the trial Court vide order dated December 1, 1965, allowed the correction to be made on payment of Rs. 10/- as costs which was duly tendered and accepted by the counsel for the appellant. However, the correction was actually not made in the plaint with the result that the said mistake crept in the judgment and the decree.

(3.) At the time of execution respondent No. 1 again made three applications for the amendment of the decree under Sections 151, 152 and 153 of the Code of Civil Procedure and the last application was dismissed by the trial Court on August 5, 1971. This order was challenged in revision which was allowed vide order dated February 14, 1973 by Mahajan, J. (as he then was) and the trial Court was directed to effect necessary amendment in the decree in consonance with its order dated December 1, 1965, after verifying the Khasra number from the sale deed. The decree was accordingly amended by the trial Court on June 1, 1973. The appellant filed an appeal against the amended decree, but the same was dismissed in limine on June 15, 1973, by the learned District Judge, Jullundur. Still dissatisfied, the appellant came in second appeal which also met the same fate.