Gurdeep Singh vs Daman Kochar @ Daman And Another
2021 Latest Caselaw 2998 P&H

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

Sr. No.124                           Civil Revision No.2395 of 2021
                                     Date of Decision : October 14, 2021

Gurdeep Singh                                                  ...Petitioner

                                         Versus

Daman Kochar @ Daman and another                               ...Respondents


CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL


Present:     Mr. Pankaj Maini, Advocate, for the petitioner.

             *****

SUDHIR MITTAL, J. (ORAL)

The petitioner is the defendant. A suit for recovery was filed

against him and the same was decreed along with interest. Appeal and

second appeal have also been dismissed. Thereafter, the decree-holder-

respondent No.1 sought execution of the decree in which objections were

filed by the petitioner. The same were dismissed vide order dated

04.01.2021. Subsequently, the petitioner filed an application under Sections

152 and 153 CPC for amending judgment and decree dated 28.02.2020.

This application has also been rejected vide order dated 10.09.2021.

It is submitted that Section 153-A of the Code of Civil

Procedure enables the First Appellate Court to amend the judgment and

decree against which second appeal has been dismissed in limine. Thus, the

First Appellate Court was in error in rejecting the application.

A perusal of the impugned order shows that the application

filed was under Sections 152 and 153 CPC. The learned Additional District

Judge, Mohali has held that the provisions relied upon enable a Court to

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correct clerical or arithmatical mistakes only. The amendment sought not

being a clerical or arithmetical mistake was not liable to be allowed. Thus,

the application has been dismissed.

There is no error in the aforementioned order as the Court is

correct in coming to the conclusion reached by it. No argument was ever

raised on the basis of Section 153-A CPC and thus, this argument cannot be

raised in revision petition.

For the aforementioned reasons, the revison has no merit and is

dismissed.

October 14, 2021                                           (SUDHIR MITTAL)
Ankur                                                          JUDGE
Whether speaking/reasoned                Yes/No

Whether Reportable                       Yes/No




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