Bhoganadham Seshaian vs Budhi Veerabhadrayya (Died) And Ors. on 15 March, 1971
In Tandavamurti v. Durgamba, AIR 1928 Mad 1154 the Bench held that Section 48 does not apply if the previous application for execution should be treated as rightly amended, while it was pending though the amendment was ordered after the expiry of the 12 years. The application for amendment though made after 12 years from the date of the decree is not as such ultra vires. Whether the amendment can or cannot be allowed depends upon the circumstances of each case and is discretionary with the Court.