Taranjit Kaur vs Harpinder Kaur And Others
2022 Latest Caselaw 14089 P&H

            CR No. 3497 of 2019                                 -1-



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

                               CR No. 3497 of 2019 (O&M)
                               Date of decision : 10.11.2022

                              ...

    Taranjit Kaur
                                              ................Petitioner

                               vs.

    Harpinder Kaur and others
                                              .................Respondents



    Coram: Hon'ble Mr. Justice H. S. Madaan



    Present: Mr. A.P. Batra, Advocate
             for the petitioner.

                               ...

    H. S. Madaan, J. (Oral)

As per report by the Registry, respondent No. 1 has been

served through her father, which is valid service. However, she has

not put in appearance, therefore, she is proceeded ex parte. Service

qua respondents No. 2 to 8 had been dispensed with vide order dated

7.11.2019.

Petitioner - Taranjit Kaur was one of the defendants in the

civil suit bearing case No. 375 dated 20.12.2012, filed by one

Harpinder Kaur. After contest, that civil suit was dismissed by

Additional Civil Judge (Senior Division), Sri Muktsar Sahib, vide

judgment dated 12.10.2016. Several issues had been framed in that

1 of 4

suit, which for ready reference are being reproduced as under :-

1. Whether the plaintiff is entitled for declaration as prayed

for ? OPP

2. Whether the plaintiff is entitled for permanent injunction as

prayed for ? OPP

3. Whether suit of the plaintiff is not maintainable in its

present form? OPD

4. Whether the Will said to have been executed by Ranjit

Singh is true and valid document? OPD

5. Whether the Will said to have been executed by Jaswinder

Kaur is legal and valid document? OPD

6. Whether the plaintiff has no cause of action or locus standi

to file the present suit? OPD

7. Whether plaintiff is estopped by her act and conduct from

filing the present suit? OPD

8. Relief.

Parties were afforded opportunities to lead evidence in

support of their respective claim and they availed of those

opportunities. The trial Court had given issue-wise finding taking up

issues No. 1 and 2 together and verdict regarding those issues was

against the plaintiff and in favour of the defendants. Whereas issues

No. 3 to 7 were taken up together. The discussion with regard to these

issues goes to show that the trial Court observed that suit of the

plaintiff was not maintainable. No cause of action had arisen to the

plaintiff to bring the suit and plaintiff was estopped by her own act

2 of 4

and conduct to file the suit. In view of the discussion the issues

should have been decided in favour of the defendants and against the

plaintiff. However, those are mentioned to have been decided in

favour of the plaintiff and against the defendants, which is against the

very spirit and tenor of the discussion with regard to the issues.

Taranjit Kaur - defendant had brought this fact to the notice of the

trial Court, moving an application under Section 152 CPC, for

carrying out the necessary correction. However, vide impugned order

dated 1.5.2019 the trial Court dismissed that application solely for

the reason that appeal against the judgment and decree was pending

before the District Judge and the applicant could take such plea in

the appeal.

Feeling aggrieved by that order, the applicant-defendant has

approached this Court by way of filing the present revision petition.

Notice of the revision petition was given to Harpinder Kaur plaintiff

in the civil suit and arrayed as respondent no.1 in the revision

petition. She was served through her father but has not put in

appearance therefore, she not opted to offer the contest.

I have heard learned counsel for the revisionist, besides

going through the record.

Section 152 CPC deals with amendment of judgments,

decrees or orders providing that 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.

3 of 4

The lines in question that the issues No. 3 to 7 are being decided in

favour of the plaintiff and against defendants, seem to be result of

accidental slip or some typographical mistake which can certainly be

corrected by the trial court while exercising power under Section 152

Cr.P.C. The mere fact that appeal against the judgment and decree is

pending does not come as a hurdle in the way of the trial Court in

exercising such power and it is certainly not a case of review of the

judgment as has been observed by the trial Court. Therefore, the

order under revision is not sustainable and is liable to be set aside.

Accordingly, the revision petition is accepted. The impugned

order under revision is set aside and a direction is issued to the trial

Court to carry out the necessary correction in the relevant para of the

judgment so as to reflect that issues No. 3 to 7 are decided in favour

of the defendants and against the plaintiff.

A copy of order be sent to learned District Judge, Sri

Muktsar Sahib, for bringing this order to the notice of the trial Court

and that of the Appellate Court, where the appeal is pending.

                                               ( H.S. Madaan )
10.11.2022                                        Judge
chugh



              Whether speaking / reasoned             Yes / No

             Whether reportable                       Yes / No




                                4 of 4