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Issues involved: Jurisdiction of a civil court to allow an application for amendment of plaint after a final decree is passed.
Factual Matrix and Legal Arguments: - A suit for partition and setting aside deeds of sale was filed. - Defendants sold their interest to appellants during the suit. - Appellants applied to be parties in the suit but were initially rejected. - High Court later allowed appellants to participate in final decree proceedings. - Final decree was passed and became final. - Respondent sought amendment of decree to correct a clerical mistake. - Appellants challenged the amendment order. - Appellants argued that amendment after decree is impermissible. - Respondents argued for allowing amendments for effective execution of decree. - Court noted the clerical error in the description of the property. - Court discussed the power of the court to allow amendments post-decree. - Appellants were purchasers in the suit land but not entitled to possession. - Court cited legal precedents on amendments and principles of natural justice. Court's Decision: - Court held that amendments should be allowed if bonafide and do not affect accrued rights. - The identity of the suit land was not changed by the amendment. - Appellants failed to show prejudice or injustice due to the amendment. - Court dismissed the appeal, finding no merit in the arguments. - No order as to costs was given in the circumstances of the case.
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