Gauri Shankar vs Shyam Sunder Lal and Others

Thom, C.J.—This is an application in civil revision u/s 115, Civil P. Order The application is directed against an order of the learned Civil Judge of Farrukhabad dismissing an application purporting to be under Sections 115 and 151, Civil P.C., in which the applicant sought for the amendment of the original mortgage upon which a decree had been obtained, the plaint in the suit upon the mortgage, the preliminary decree, the final decree and the execution application. It is a matter of admission that the mortgaged property has been erroneously described in the mortgage deed and that the error therein has been repeated in the plaint, the preliminary decree, the final decree and the execution application. It appears that in the mortgage deed the north boundary of the property given is really the south boundary and the south boundary, the north boundary. It appears from the record that following upon the passing of the final decree, the plaintiffs Shiam Sunder, Krishna Kumar, Pyare Lal and Gulzari Lal applied to the Court for the amendment of the decrees, the plaint and the mortgage deed. This application was rejected. The present applicant, Gauri Shahkar, is a puisne mortgagee and he claims to be a transferee of the decree passed in favour of the four plaintiffs. He has not had himself substituted in place of the four plaintiffs whose application was dismissed.

In these circumstances we do not consider it expedient that we should interfere with the order of the lower Court in virtue of our powers u/s 115, Civil P.C. We do not make any pronouncement upon the question as to whether in an application under Sections 151, 152 and 153 the applicant is entitled to have the amendments he claims effected. No doubt he is entitled to have such amendments effected in a subsequent suit for rectification. The question as to what his rights are by way of application under Sections 151, 152 and 153 is one which is not free from difficulty. In our opinion this is not an appropriate occasion on which to decide the point. In the result the application is dismissed with costs.