The single judge bench of the Jharkhand High Court held that in view of Section 152 of the Code of Civil Procedure, the clerical and arithmetical mistakes can be rectified in the judgment and decree as well.
Brief facts
The factual matrix of the case is that the Partition suit has been filed by the Plaintiff and the suit was also decreed in the favour of the Plaintiff. The preliminary decree was drawn and the same was drawn on the basis of judgment, during the final decree proceedings, the petitioner-plaintiff came to know that certain plots had wrongly been mentioned in the judgment and decree itself and one plot had wrongly been mentioned twice while the correct plot number and area is mentioned in the plaint, as such, the mistake was typographical, therefore, the petitioners have moved the amendment application before the learned civil court, however, the same was rejected. Aggrieved by this, the present writ petition has been filed.
Contentions of the Respondent
The respondent contended that the amendment has been sought belated at the stage of proceedings for final decree and for the same, permission can’t be granted.
Observations of the court
The Hon’ble Court observed that the proposed amendment is the rectification in regard to the typographical mistake as found in view of the plaint.
The court furthermore observed that it is well-settled law that the clerical and arithmetical mistake can be rectified by the judgment and decree as well in accordance with Section 152 of the Code of Civil Procedure.
Based on these considerations, the court was of the opinion that the learned trial court had committed grave error in rejecting the application.
The decision of the court
With the above direction, the court allowed the Writ Petition.
Case Title: Khageshwar Rana V. Smt. Sundri Devi
Coram: Hon’ble Mr. Justice Subhash Chand
Case No.: W.P.(C) No. 2990 of 2017
Advocates for the Petitioner: Mr. Anil Kumar, Advocate Mr. Ankitesh Kumar Jha, Advocate
Advocate for the Respondent: Mr. Mahadeo Thakur, Advocate
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