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TMI Blog1934 (11) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... h refusing to set aside certain ex parte proceedings. It is made under O. 9, R. 13, and Ss. 141 and 151, Civil P.C. The facts out of which appeal this arises are briefly as follows: The appellant Ram Charan mortgaged five villages under a mortgage deed dated 1st January 1916, to one Ranjit Khan. The names of these five villages as entered in the mortgage deed are as follows: Turkauli, Khajaulil Au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 931, and the names of the villages entered in the plaint and in the preliminary and final decree were made conformable with the names of the villages as entered in the mortgage deed of 1st January 1916. About a year and a half later, on 14th October 1932, the judgment-debtor applied under O. 9, R. 13 and Ss. 141 and 151, Civil P.C., for restoration of the suit to its original number. This applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case it is admitted by both parties that the amendments allowed by the lower Court were made in conformity with the mortgage deed of 1st January 1916, which gave the correct names of the villages mortgaged by Ram Charan to the original decree-holder Ranjit Khan. 3. In Aziz Ullah Khan v. Court of Wards, Shahjehanpur, AIR 1932 All 587=139 IC 491=54 All 800 it was held that the language of S. 152, Ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the mistake was repeated in the judgment of the Court as well as in the preliminary and final decree prepared in the case. It is unnecessary for us to cite any authority for the conclusion arrived at. In our opinion the learned Subordinate Judge was perfectly right in allowing the amendment and in rejecting the objection of the judgment-debtor-appellant. The plea that the purchaser from the or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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