MOHAMMED YAWAR YUNUS Vs. MD.YASUM YUNUS

JUDGEMENT

(1.) THIS revision is directed against the order dated 15.9.99 passed by Execution Munsif, Patna in Misc. Case No. 47/96.

(2.) THE aforesaid Misc. Case was filed under Section 47 Code of Civil Procedure in which there was a petition by the applicant of that Misc. Case under Order 6 Rule 17 of the Code of Civil Procedure for amendment in the original application. The amendment sought was to the effect that the decree passed in the suit was beyond the jurisdiction of the Munsif, the valuation of the suit land having stood at not less than Rs. 3/ - lacs. The learned Execution Munsif held that this amendment in the original application did not amount to any new pleading and the applicant opposite party of this revision can introduce such an amendment at any stage.

(3.) SO , I think the amendment sought by the opposite party of this revision was legally fit to be disallowed.