Case Note & Summary
The petitioner, who was the plaintiff in O.S. No.84/2002 on the file of the Civil Judge (Jr.Dn.), Chintamani, filed a suit for specific performance of an agreement of sale in respect of land bearing Sy.No.44 measuring 1 acre 16 guntas situated at Hiranyapalli village. The suit was decreed on 2.9.2002. Subsequently, the plaintiff filed execution petition in E.P. No.21/2009 seeking execution of the sale deed. During execution, the plaintiff sought to amend the execution petition to include the new survey number Sy.No.212 in addition to the original Sy.No.44, as the property had been re-surveyed. The trial court allowed the amendment by order dated 17.3.2012. The plaintiff challenged this order in the present writ petition under Articles 226 and 227 of the Constitution of India, contending that the amendment would modify the decree. The High Court examined the facts and found that the amendment was only to incorporate the new survey number for better identification of the property, and did not alter the identity or extent of the property decreed. The court held that the trial court had correctly exercised its discretion in allowing the amendment, as it was within its inherent powers and did not cause any prejudice to the judgment-debtors. The writ petition was dismissed.
Headnote
A) Civil Procedure - Execution of Decree - Amendment of Execution Petition - Order 21 Rule 17, Section 152, Code of Civil Procedure, 1908 - The plaintiff in a suit for specific performance obtained a decree for execution of sale deed. In execution, he sought to amend the petition to include the new survey number of the property. The trial court allowed the amendment. The High Court held that the amendment did not alter the identity of the property or modify the decree, and the trial court had correctly exercised its discretion. (Paras 2-5) B) Civil Procedure - Execution of Decree - Inherent Powers - Section 151, Code of Civil Procedure, 1908 - The court has inherent power to allow amendments in execution proceedings to carry out the decree, provided the amendment does not change the nature of the decree or cause prejudice to the judgment-debtor. (Para 4)
Issue of Consideration
Whether the trial court erred in allowing the plaintiff to amend the execution petition to include the new survey number of the suit property, and whether such amendment amounts to modifying the decree.
Final Decision
The High Court dismissed the writ petition, upholding the order of the trial court dated 17.3.2012 allowing the amendment of the execution petition.
Law Points
- Execution proceedings
- Amendment of execution petition
- Specific performance
- Decree execution
- Property identification
- Survey number change
- Civil Procedure Code Order 21 Rule 17
- Section 152 CPC
- Inherent powers of court
