Waman Rao vs Daulat Rao

This is a revision against the order of the lower court amending a decree on the application of a person who was not a party to the original suit or to the decree. The suit was filed by the Petitioner for pre-emption of Survey No. 99 as against his vendor and vendee. The suit was decreed and in pursuance of the decree the Petitioner was given possession of the property. Subsequently the Respondent alleging that half of the land had been conveyed to him by one of the Defendants applied to the Court for amendment of the decree on the ground that a decree could not be passed for pre-emption in respect of the whole of the property. The lower court allowed the Petitioner to amend the decree It is against this order that this revision has been filed.

It has to be observed that Section 152 of the CPC contemplates an application for amendment of a decree or judgment by the parties to the suit and to the decree. Admittedly the Respondent here was not a party to the suit and much less to the decree and therefore no decree could have been amended on the application of a person who was not a party to the suit. It is argued by the learned vakil for the Respondent that the Plaintiff played fraud upon the court by alleging that the whole of the property had been sold to him while only half of the property was sold to him. These are matters which could be agitated in a separate suit and the remedy of the Respondent in this case was to file a suit. The decree could not be said to be at variance with the judgment. We, therefore, allow this Revision and set aside the order of the lower Court. The Petitioner will be entitled to the costs of this Revision. Advocate''s fee Rs. 30/-.