High CourtsSingle Bench

Smt. Usha devi vs Rajbanshi Rai and Others

Patna High Court · Decided on 11 August 1997 · Citation: (1998) 2 BLJR 1461 : (1998) 2 PLJR 291

HON’BLE JUDGES
S.N. Jha, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Section 151, 152
RESULT
Allowed
CASE NUMBER
C.R. No. 1392 of 1996
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Judgment

4 paragraphs · 162 words

S.N. Jha, J.—This civil revision is by the plaintiff. He wanted correction as regards the name of the village in the decree. Petition filed to that effect u/s 152 of the CPC was rejected by the Court below earlier on 6.9.95. He then filed similar application u/s 151 of the Code. The petition has been rejected by the impugned order.

2.

From the petition filed in the Court below seeking amendment it appears that the petitioner wanted to mention village ''Shobhapur'' in place of ''Maulnapur''. According to him wrong village had been mentioned in the plaint, as a result of which the mistake occurred in the decree.

3.

I am satisfied that the case comes within the purview of Section 152 of the Code. The Court below, therefore, ought to have allowed the amendment at the first instance itself. The orders dated 6.9.95 and 24.4.96 are set aside. The Court below is directed to pass fresh order.

4.

The application is allowed.