Ramesh Vs. Harbans Nagpal & Ors.
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Head Note
The Code of Civil Procedure, 1908 - Section 151
Amendment of Decree - Respondent No.1-Plaintiff after filing application for execution of decree - Dismissed by the trial court holding that there was no clerical error or accidental omission in the decree and that taking on record the amended site plan at that stage would amount to going behind the decree and modifying the terms of the original decree - Same challenged before the High Court - The judgment and decree also did not refer to any dimensions of the chhajja in question - Held that the view taken by the trial court was absolutely correct - High Court held to be not justified in observing that as per the earlier site plan there was a protruding chhajja measuring 33" beyond the staircase and issuing direction that the said chhajja shall be handed over to the decree holder who shall then erect a wall over the portion measuring 33" beyond the staircase as shown in the initial site plan - Both the orders under appeal liable to be set aside.
Topic(s)-CPC - Amendment of Decree - Not allowed