1932 (2) TMI 29

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..... e plaintiff 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. .....

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..... sonable to add the new plots in the plaint and the decree 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 .....

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..... iled to exercise a jurisdiction vested in him by law in 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 .....

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