RAMCHANDRA SAHNI Vs. RAM LAKHAN SAHNI

JUDGEMENT

(1.) This Civil Revision has been filed under Sec. 115 of the Code of Civil Procedure against order dtd. 30/9/2019 passed by learned Munsif - 1st, Darbhanga in Miscellaneous Case No. 09 of 2016 whereby and whereunder the application filed by petitioner on 18/1/2019 under Sec. 151 C.P.C has been dismissed.

(2.) Heard learned counsel for the petitioner and perused the material on record.

(3.) It appears from the impugned order that the petitioner brought the miscellaneous case under Order 21 Rule 97 read with Sec. 151 C.P.C in pending execution Case No. 21 of 1985 (for execution of judgment and decree passed in Title Appeal No. 3/79 (12/81) stating that the report submitted by the Survey knowing Commissioner regarding the measurement of the suit land is erroneous and it has calculation mistake apparent on the face of it. The petitioner's further case is that they are in possession of 4 kattha and 13 dhur land and there is no surplus land in their possession as reported by the Commissioner. It is prayed to hand over the surplus land to the decree holder after securing 4 kattha and 13 dhur of land of petitioner. The petitioner also prayed to appoint a survey knowing Commissioner to measure the length and breadth of the suit land and issue delivery of possession after obtaining his report.