Punjab-Haryana High Court
Charanjit Singh vs Rakhi Devi And Others on 29 July, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
242 CR No.6122 of 2019
Date of Decision : 29.07.2022
Charanjit Singh ....Petitioner
VERSUS
Rakhi Devi and Others ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Ms. Satpreet Grewal, Advocate for the petitioner.
Mr. Karandeep Singh, Advocate for respondent no.4.
ALKA SARIN, J. (Oral)
This is a revision petition filed under Article 227 of the
Constitution of India for setting aside the order dated 23.07.2019 vide which
the application filed by the petitioner for making correction in the judgment
and decree dated 19.02.2015 passed by the Trial Court in Civil Suit
No.144/2012 was dismissed.
Learned counsel for the petitioner would contend that the suit
was filed for separate possession of land measuring 1 kanal 11 marlas out of
the total land measuring 1 kanal 19 marlas comprised in Khewat No.50/45
Khatauni No.67 Khasra No.139 (1-19) situated in the area of village Shinh
Chathial, H.B. No.451, Tehsil Dasuya, District Hoshiarpur. However, in the
judgment and decree dated 19.02.2015 it has inadvertently been mentioned
as suit for possession of land measuring 1 kanal 11 marlas out of total land
measuring 1 kanal 1 marla. Learned counsel for the petitioner would further
contend that the same is a typographical mistake which can be corrected
under Section 152 of the Code of Civil Procedure, 1908 (for short 'CPC'). It
has further been contended that the said application has been dismissed only
JITENDER KUMAR
2022.08.01 11:28
I attest to the accuracy and
authenticity of this order/judgment
Chandigarh
on the ground that the Court was not the successor Court of the Court that
had passed the judgment and decree.
Per contra learned counsel for respondent no.4 has contended
that the said application itself was not maintainable and that the said error is
not a typographical error.
In the present case the typographical error is apparent on the
face of the record from a bare perusal of the copy of the plaint, which has
been annexed as Annexure P-1. Section 152 CPC reads as under :
"152. Amendment of judgments, decrees or orders -
Clerical or arithmetical mistakes in judgments, decrees
or orders or errors arising therein from any accidental
slip or omission may at any time be corrected by the
Court either of its own motion or on the application of
any of the parties."
Section 152 CPC clearly lays down that any clerical or
arithmetical mistakes in judgments, decrees or orders or errors arising
therein from any accidental slip or omission can be corrected by the Court.
In view of the above, the present revision petition is allowed.
The impugned order dated 23.07.2019 passed by the Trial Court is set aside.
The application filed by the petitioner for correction of the judgment and
decree dated 19.02.2015 stands allowed. Pending applications, if any, also
stand disposed off.
JITENDER KUMAR
2022.08.01 11:28
I attest to the accuracy and
authenticity of this order/judgment
Chandigarh
