Punjab-Haryana High Court
Ajaib Singh And Ors vs Inder Singh And Ors on 29 August, 2023
Neutral Citation No:=2023:PHHC:113236
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Civil Revision No. 8599 of 2015 2023:PHHC: 113236
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Revision No. 8599 of 2015(O&M)
Date of Decision: 29.08.2023
Ajaib Singh
...Petitioner
Versus
Inder Singh & Ors.
...Respondents
CORAM :HON'BLE MR. JUSTICE KARAMJIT SINGH
Present:- Mr. Aayush Gupta, Advocate
For the petitioner.
Respondents ex-parte.
***
KARAMJIT SINGH, J.
1. The present petition has been filed by the petitioner/ plaintiff
against the order dated 13.10.2015 (Annexure P-7) whereby the application
filed by the petitioner under Section 151/152 CPC for amendment of the
plaint as well as ex-parte judgment and decree dated 29.05.2009 has been
dismissed by the Court of Civil Judge (Jr.Divn.) Ludhiana.
2. The brief facts of the case are that petitioner Ajaib Singh and
his sons filed suit for grant of a decree of permanent injunction restraining
the respondents/ defendants from interfering into their peaceful possession
over the suit land measuring 20 kanal 11 marlas detailed as under:-
(a) Land measuring 18K-15M, comprising of khewat No. 42,
Khatauni No. 47, Rect. No. 62, Killa No. 10/1, 11/1/1, 11/1/3,
11/2/1, 11/2/2, Rect No. 63, Killa No.6
(b) Land measuring 1K-16M, comprising of Khewat No. 418,
Khatauni No. 440, Rect. No.63, Killa No.5/2, as entered in the
jamabandi for the year 2001-2002, situated in village Alamgir,
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H.B. No. 273, Tehsil and District Ludhiana and from in any
manner illegal and forcibly dispossessing the plaintiffs from the
said land, on the basis of oral and documentary evidence."
3. Notice of the suit was issued to the respondents but they did
not appear in the learned trial Court and were proceeded against ex-parte.
Learned trial Court decreed the suit vide judgment and decree dated
29.05.2009. After the passing of the said judgment and decree the petitioner
filed an application under Section 151/ 152 CPC for amendment of the plaint
and judgment and decree dated 29.05.2009 on the ground that the actual area
of suit property is 21 kanals 08 marlas and not 20 kanals 11 marlas as
pleaded in the plaint and thus prayer is made for necessary correction on the
ground that the aforesaid discrepancy appeared due to typographical mistake
in the plaint.
4. The learned trial Court after hearing the counsel for the
petitioner, dismissed the said application vide order dated 13.10.2015
(Annexure P-7) while holding that the Court concerned being an executing
Court cannot go beyond the decree passed by a competent Court and further
observed that the relief of amendment of plaint could have been availed by
the petitioner before the commencement of the trial.
5. I have heard counsel for the petitioner and gone through the
record of the case.
6. The counsel for the petitioner submits that the discrepancy in
area has crept in due to typographical mistake, otherwise khewat numbers,
khatoni numbers and khasra numbers are same as has been detailed in the
original plaint. The counsel for the petitioner further submits that in head
note (a) of the plaint the area of land is to be rectified as 19 kanal 01 marla
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in place of 18 kanal 15 marla and in head note (b) of the plaint the area of
the land is to be rectified as 02 kanal 07 marlas in place of 01 kanal 16
marla. The counsel for the petitioner further submits that such type of
clerical mistake could be corrected by invoking the provisions of Section
152 CPC.
7. I have considered the submissions made by counsel for the
petitioner.
8. The petitioner and his sons are decree holders and their suit for
grant of decree of permanent injunction was decreed ex-parte vide judgment
dated 29.05.2009 passed by the Court of Additional Civil Judge (Sr.Divn.)
Ludhiana. It appears that the said ex-parte decree has not been challenged by
the respondents. The petitioner and his sons filed an application under
Section 151/ 152 CPC for correction of judgment and decree sheet and
amendment of the plaint as has been discussed above.
9. From the perusal of Sections 152 and 153 CPC, it is apparent
that the Court may at any time, amend any defect or error in any proceedings
in a suit which had crept on account of clerical or arithmetical mistakes in
judgments, decrees or orders or errors arising therein from any accidental
slip or omission. Section 153 CPC enables the Court to permit amendment
of any defect or error in any pleadings in a suit.
10. Keeping in view the aforesaid discussion, this Court is of the
view that the trial Court was having enough powers under Sections 152/ 153
CPC in order to rectify the typographical mistake regarding total area of suit
property which was described as 20 kanal 11 marla in place of 21 kanal 08
marla due to over sight. The learned trial Court while passing the impugned
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order did not take into consideration the provisions of Section 153 CPC
wherein Courts have been empowered to amend any such defect or error by
way of amendment for the purpose of determining the real question or issue
raised by or depending on such proceedings and such correction could be
made at any time. Thus, the impugned order is not sustainable in the eyes of
law.
11. Consequently, the revision petition is allowed. The order under
challenge is set aside. The application filed by the petitioner under Sections
151/152 CPC is allowed. The learned trial Court is directed to permit the
petitioner to amend the plaint to the extent stated above and further to rectify
the ex-parte judgment and decree dated 29.05.2009 accordingly.
(KARAMJIT SINGH )
29.08.2023 JUDGE
Jiten
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:113236
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