Indian Kanoon - Search engine for Indian Law

(p.j.) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO No. 4586 of 2016 Sekhar Nath Majumder

-versus-

Asutosh Das & ors.

Ms. Runu Choudhuri Ms. Mekhla Sinha ... for the petitioner This revisional application is directed against the order dated August 10, 2016 passed by the learned IV Bench, Small Causes Court at Calcutta in Ejectment Execution Case No. 143 of 2015, arising out of Ejectment Suit No. 494 of 2012. By the impugned order, the learned Court below rejected the application filed by the petitioner, the decree holder in the eviction suit, under Section 151 of the Code of Civil Procedure (in short "the Code") to amend the schedule of the suit property in the eviction decree passed in the above suit.

Having considered the facts of the case, I find that the petitioner is entitled to obtain the eviction decree being rectified to describe the schedule of the suit property correctly.

For the reasons as aforesaid, the learned Court below fell into an error of law in passing the impugned order rejecting the prayer of the petitioner to rectify the eviction decree passed in the ejectment suit the impugned order and the same cannot be sustained. Accordingly, the impugned order dated August 10, 2016 passed by the learned IV Bench, Small Causes Court at Calcutta in Ejectment Execution Case No. 143 of 2015, arising out of Ejectment Suit No. 494 of 2012 is set aside and the application of the petitioner for amendment of the eviction decree is allowed.