SANTOSH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The defendant-petitioner prays for quashing order dated 3.8.2010 passed by Subordinate Judge-ll, Patna in Title Suit No. 439 of 2006, whereby he allowed the petition dated 1.12.2007 (wrongly typed in order as 30.11.2007) filed under Sections 152 and 153 of C.P.C. for making amendment in the plaint, compromise petition as well as in the compromise decree.

(2.) The trial court allowed the said petition on the ground that the error occurring in the plaint, compromise petition as well as compromise decree were clerical in nature.

(3.) The plaintiffs-respondents filed title suit no. 439 of 2006 for specific performance of the contract for sale of Scheduled property in their favour and to further direct the defendant/petitioner to admit execution and registration of the requisite sale deed. The plaintiffs-respondents prayed in alternative for an award/decree Of Rs. 1,70,000/- + 23,000/- + 6,300/- totaling Rs. 1,99,300/- alongwith 12 per cent interest per annum till its realization. The details of the property is described in Schedule-1, which is quoted hereinbelow for easy reference: Schedule-1 Mauza Tauzi No. Khata No. S.P. No. Area Duzara P.S.- Budha Colony, Thana no. 4 525 14844 14,155 & 588 (Part) 172,173 & 175 (Part)' One shop consisting of 14 feet 9 inch x 11 feet having total area of 177 square feet over which a pucca shop K a t r a , bearing no. G-2 is situated.