9911796707
TMI Blog1932 (2) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... f applicant instituted a suit for enforcement of a mortgage-deed, dated 23rd May 1923, by sale of the property specified therein. The particulars of the mortgage were fully recited in the plaint and in the relief claimed, mention was made of the hypothecated property, sale of which was prayed for. By a clerical mistake, the property was not detailed at the foot of the plaint. The suit was decreed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ree without giving the defendants opportunity to put in their defence. 2. I do not think the order impugned in revision can be supported. The plaintiff's suit was based on the mortgage-deed, which was made part of the plaint. There can be no doubt, whatever, that the plaintiff had prayed for sale of the properties specified in the mortgage-deed. There can be equally no doubt that the Court dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refusing to direct suitable amendment in the preliminary and final decrees. No amendment of the plaint is necessary, as it clearly prays for sale of the property entered in the mortgage-deed which was in suit and which was made part of the plaint. I allow this revision, set aside the order of the Court below and direct that the I preliminary and final decrees be am end-led by inserting in them th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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