PUJA MISHRA Vs. RAM DUTT MISHRA

JUDGEMENT

(1.) This Civil Revision application is directed against an order dated 29 -8 -1986 rejecting petitioner's petition dated 5 -8 -1986 seeking an amendment in regard to one of the items of properties described in Schedule -1 of the plaint.

(2.) The facts are short and simple.

(3.) The petitioner filed a suit for partition which was decreed. Even a final decree was also prepared which was put in execution. When the delivery of possession was going to be affected, the petitioner filed an application dated 5 -8 -1986 under Order VI, Rule 17 of the Code of Civil Procedure (a copy of which has been attached as Annexure -1 to the civil Revision application) stating therein that in Schedule -1, 12 kathas 2 dhurs and khesra No. 742 be amended in place of area 12 kathas 5 dhurs and khesra No. 785, under Khata No. 29 of Mauza Kolhua on the grounds that the mistake could not be rectified earlier and it will be necessary in the interest of justice to do so. The court below has refused to allow the prayer on the ground that it would not in the interest of justice to correct the preliminary and final decrees when the litigation is pending at the execution stage.