KULWANTI DEVI Vs. AJODHI SINGH

JUDGEMENT

(1.) It appears that Lachmi Narain Sahu and petitioners 2 and 3 filed a title suit No. 49/21 of 1944-46 in the court of the Subordinate Judge of Monghyr for a declaration of title and recovery of possession with regard to certain properties,. One Bachu Singh, who was at that time minor, was defendant No. 13 in the suit and was placed under the guardianship of Babu Thakur Pd Pleader guardian. On 30-11-1946, the suit was decreed, in full on contest against the defendants first party, including defendant No. 13, Bachu Singh, minor. On the first page of the judgment the name of defendant No. 13 was mentioned, but by clerical mistake the name of defendant No. 13 minor Bachu Singh, was omitted from the decree of the trial court There was subsequently an appeal Wed by the major defendants against the decree before the High Court and in the appeal before the High Court all the defendants were made parties except minor Bachu Singh. The appeal which was First Appeal No. 6 of 1947, was heard by the High Court and dismissed on 21-8-1951, and the trial court decree was affirmed. It appears that minor Bachu Singh was not a party in First Appeal No. 6 of 1947 by mistake, because his name was not muntioned in the trial court decree. The petitioners took out all execution case, Execution Case No. 19 of 1959 and it was detected in the course of the execution proceedings that there was a variation between the judgment of the trial court and the decree of the trial court. On 13-9-1957, the petitioners filed an application for an amendment of the decree of the trial court by inserting the name of the minor Bachu Singh in the trial court decree, but the Subordinate Judge held that as the decree of the trial Court had merged in the High Court decree St was only the High Court which was the proper authority to amend the decree and not the trial court.

(2.) In these circumstances the petitioners have moved this High Court for amendment of the decree of the High Court by adding Bachu Singh as defendant No. 13 in the decree.

(3.) Notice of the application was sent to Bachu Singh, but there is no appearance on his behalf in this Court.