- (1.)THIS is a revisional application filed under Section 115, Civil P. C. against an order of the Munsif, Second Court, Cuttack refusing to amend the khata No. of the suit land in the schedule of property appended to the decree.
(2.)THE following few facts need mention: the plaintiff-petitioner filed Title Suit No. 200 of 1970 for declaration of title and for other consequential reliefs. In the original plaint the suit land was wrongly described as appertaining to Khata No. 249. When the mistake was detected, an application was filed for correction of the Khata number as 949 by way of amendment of the plaint. No objection having been raised by the defendant-opposite partita the prayer for amendment was allowed on 14-12-1970 and the plaintiff was directed to file an amended copy of the plaint by 23-12-1970. No amended copy of the plaint was filed by the plaintiff but an endorsement "see amendment petition" was made in red ink on the last page of the plaint. Although no amended copy of the plaint was filed the trial proceeded on the basis of the amended plaint and the suit was decreed in favour of the plaintiff on 29-4-1972. But in the decree prepared by the office of the learned Munsif the suit land was described as appertaining to khata No. 249. On discovering the mistake the plaintiff filed an application for amendment of the decree by way of substitution of khata No. 949 in place of Khata No. 249. The learned munsif rejected the prayer observing as follows: "since the amended plaint was not filed as per direction of the Court within a period of 14 days as provided under Order 6, Rule 18, Civil P. C. or at any date prior to tine passing of the decree, the amendment shall be deemed to have been rejected. " it is urged in this Civil Revision that the decree not having been drawn up in accordance with the judgment the amendment should have been allowed under the provisions of Section 152, Civil P. C.
(3.)AS indicated earlier, the amendment was allowed and the parties went to trial with the understanding that the suit land appertains to khata No. 949. The settlement record-of-rights in respect of Khata No. 949 comprising the suit land was exhibited at the trial. The Court referred to Khata No. 949 at several paragraphs of the judgment. In paragraph 2 of the judgment it was mentioned as follows : "admittedly, the suit lands appertain to Khata No. 949. . . . . . . . . . . . " thug it is clear that the suit was decided in respect of the lands under Khata no. 949.