GH AHMAD Vs. KHIZAR JOO

JUDGEMENT

(1.) THIS revision is preferred against the order of the Subordinate Judge at Anantnag dismissing an application under S. 152 on the Code of Civil Procedure for amending a decree passed by him by substituting survey No. 1506 for the existing survey Mo. 1027.

(2.) THE petitioner instituted a suit against the respondent for possession of a parcel of land which was duly described in the plaint by metes and bounds. Alter obtaining a decree in his favour, the petitioner sought to execute it but in execution proceedings he was confronted with the difficulty that the survey number of the property mentioned in the plaint was erroneous. He, therefore, applied for amending the decree by substituting the correct survey number. The Subordinate Judge dismissed that application, the aggrieved petitioner has therefore come up in revision to this Court.

(3.) THE learned counsel for the respondent judgment -debtor has strenuously attempted to support the order of the lower court. According to him, the proper remedy of the petitioner decree -holder is to bring a fresh suit in respect of the property covered by the survey number which he now wants to substitute in the decree.