Amendment of description of property - Decree holder at execution stage filing petition for amending street name in schedule to plaint-Such amendment does not change cause of action - Amendment if ordered would tally with the property belonging to judgment debtor-Judgment debtor cannot be allowed to defeat decree in ground

Citation 

Cited in 1999 (2) CTC 426

1999 (2) CTC 426 (Mad)

IN THE HIGH COURT OF MADRAS

K. Sampath, J.

CRP. No. 193 of 1998 and C.M.P.No. 889 of 1998.

Sree Sankara Rameshwarar Devasthanam Through Its Executive Officer, Tuticorin

1 Vs.

Pitchalammal and Five Others

June 10, 1999

...Petitioner

Respondent

Code of Civil Procedure, 1908, Order 6 Rule 17-Amendment of description of property in schedule to plaint Suit for recovery of arrears of lease amount decreed-Name of Street of suit property wrongly stated in plaint Schedule and warrant of attachment in Execution Petition used as no person as described existed in suit property- Decree holder at execution stage filing petition for amending street name in schedule to plaint-Such amendment does not change cause of action - Amendment if ordered would tally with the property belonging to judgment debtor-Judgment debtor cannot be allowed to defeat decree in ground. [Paras 6 and 19]

Code of Civil Procedure, 1908, Order 6, Rule 17-Limitation Act, 1963, Article 136 Execution of Decree for recovering of arrears of lease amount by attaching property of judgment debtors- Suit decreed or 21.7.1982-Execution petition filed in 1994 and ordered on 21.3.96-Street Name of Property sought to be amended- Plea that amendment -Suit cannot be ordered as 12 years period from date of decree had expired rejected because amendment does not include fresh properties and suit is for recovery of money and not for recovery of properties-Misdiscription of property can be rectified. [Paras 5, 7 & 10]