OM PRAKASH BHADANI Vs. RAJEEV S AHUJA

JUDGEMENT

(1.) Both the civil revision petitions have been heard together at the admission stage as they are inter-related and inter-connected.

(2.) The background of these two petitions are necessary to be reiterated in short. The predecessor of the opposite parties filed Money Suit No. 24 of 1995, before the Sub-Judge, 1st, Bokaro at Chas for realisation of rent from September, 199 3/10/1995 at the rate of Rs. 1,150.00 per month as well as at the rate of Rs. 400.00 per month in respect of electricity charges and also service charges as mentioned in Schedule D of the plaint. In the claim portion, there was a prayer in the following manner:- "For a decree for realisation of a sum of Rs. 57,189.46 paise as shown in Schedule hereunder with pendente lite rent and future interest." The suit was contested and ultimately it was decreed. The implementing portion of the judgment is read as follows:-

(3.) In compliance of that order, the opposite parties moved a petition under S. 152 of the Code of Civil Procedure for amendment/correction of the decree by inclusion of realisation of future rent beyond the period of October, 1995 etc. etc., vehement objections were raised on such prayer of amendment and after hearing the parties, the said petition under S. 152 of the Code of Civil Procedure was rejected vide order dated 27-3-1997 which has been impugned in Civil Revision No. 254 of 1999 (R), but while doing so, a further addendum has been made in the implementing portion of the judgment by inclusion of "till realisation." The decree-holder than also proceeded with the same execution case with the same claim which was made earlier and objections were raised by the petitioner but the said objection had been turned down by the Executing Court on 15-9-1999 which has been impugned in Civil Revision No. 404 of 1999 (R). The amendment made under S. 152 of the Code of Civil Procedure, as already mentioned above, had been misconceivably interpreted by the Executing Court by inclusion of some word which was never allowed by way of amendment, namely, "at the rate of rent, electricity and service charges, the amount which may be passed would be recoverable till realisation.