Wednesday, 26 December 2018

Amendment of decree--Court may not have suo moto power to award a decree but same would not mean that court cannot rectify a mistake--If a property was subject matter of pleadings and court did not frame an issue which it ought to have done, it can, at later stage when pointed out may amend the decree -- Decree--When the parties have brought on records by way of pleadings and/or other material that apart from property mentioned by plaintiff in his plaint, there are other properties which could be a subject matter of partition, the court would be entitled to pass a decree even in relation thereto.