MADAN LAL Vs. VICTOR DENIAL

JUDGEMENT

(1.) - By the impugned order learned trial Court has allowed the application of the defendant purportedly under Sections 151, 152 and 153 C.P.C. and thereby clarified/modified the judgment and decree dated 11.1.1999 by substituting the words ...[VERNACULAR TEXT OMITTED]...

(2.) The contention raised by the learned counsel for the petitioner is that even on the facts alleged in the application, the matter or prayer was clearly beyond the scope of Sec. 152 C.P.C and thus the order is wholly without jurisdiction. It is contended that by passing the impugned order the learned trial Court has practically extended the scope of the decree which it was not entitled to.

(3.) As against this the learned counsel for the non-petitioner defendant supported the impugned order and contended that it was in order to make the decree meaningful and to represent the intention of the parties in getting the decree, that the impugned order has been made which is fully within jurisdiction of the court and thus no interference is required to be made in the revisional jurisdiction.