Tripura High Court
Smt. Dipali Gope vs Shri Shyamal Chakraborty on 27 May, 2024
HIGH COURT OF TRIPURA
AGARTALA
I.A.02 of 2024 in RSA 21 of 2022
1. Smt. Dipali Gope,
wife of Shri Apu Sarkar,
daughter of Late Raimohan Gope
2. Smt. Mira Gope,
wife of Sri Apu Sarkar,
daughter of Late Raimohan Gope
3. Sri Viki Sarkar,
son of Shri Baban Sarkar & Late Safali Gope,
grandson of Late Raimohan Gope
4. Shri Riki Sarkar,
son of Shri Baban Sarkar & Late Safali Gope,
grandson of Late Raimohan Gope
all are residents of A.D. Nagar, Road No.6,
P.O. & P.S. A.D. Nagar, District - West Tripura,
Pin-799003
----Applicant(s)
Versus
1. Shri Shyamal Chakraborty,
son of Late Rajendra Chakraborty
2. Shri Parimal Chakraborty,
son of Late Rajendra Chakraborty
<
3. Shri Nirmal Chakraborty,
son of Late Rajendra Chakraborty
as per the order dated 19.07.2022 passed in connected I.A. No.01
of 2022 in RSA No.21 of 2022 necessary amendment is being
made.
4. Shri Amal Kanti Chakraborty,
son of Late Rajendra Chakraborty of
A.D. Nagar, Road No.6, P.O. & P.S. A.D. Nagar,
District- West Tripura, Pin-799003
----Respondent-Plaintiff(s)
For Applicant(s) : Mr. Sankar Deb, Sr. Adv.
Mr. S. Datta, Adv.
For Respondent(s) : Mr. A. Sengupta, Adv.
Date of Hearing : 09.05.2024
Date of delivery of
Judgment & Order : 27.05.2024
Whether fit for reporting : NO
HON'BLE MR. JUSTICE BISWAJIT PALIT
Judgment & Order
This application under Section 152 read with Section 151 of
CPC is preferred by the applicants praying for recording the submissions
made in course of hearing in connection with Case No.RSA 21 of 2022.
2. Heard Mr. Sankar Deb, Learned senior counsel assisted by
Mr. S. Datta, Learned counsel appearing for the applicants as well as Mr.
A. Sengupta, Learned counsel appearing for the respondent-plaintiffs
OP's.
3. In course of hearing, Mr. Deb, Learned senior counsel
appearing for the applicants submitted that this Court by judgment
dated 13.02.2024 has dismissed the appeal preferred by the petitioner-
appellants but at the time of delivery of judgment certain submissions
made on behalf of the appellant-applicants were not recorded.
4. It was further submitted that in course of hearing, it was
submitted on behalf of the appellants that the Mimangsha Patra (Exbt.3)
records that a sum of Rs.7,000/- was to be paid by the said plaintiff-
respondents OP's within 15(fifteen) days from the date of execution of
the Mimangsha Patra (deed of settlement) which has not ever been paid
thus rendering the said documents otiose. Furthermore, said Mimangsha
Patra having been recorded the obligation of the duty to pay sum of
Rs.7,000/- in consideration of the transfer of the suit land requiring
registration which has also not been made thus rendering the said
documents otiose.
5. Learned senior counsel further submitted that if the
aforesaid submission is not recorded or reflected in the judgment then
the appellants would be prejudiced.
6. On the other hand, Mr. A. Sengupta, Learned counsel
appearing for the respondent-plaintiffs submitted that the aforenoted
submissions have been duly recorded in the judgment delivered by this
Court on 13.02.2024, so the present application is not maintainable. It is
further submitted that the relevant provisions as mentioned in the
application does not cover the submissions made by Learned senior
counsel representing the applicants. So, Learned counsel for the
respondent-plaintiffs fairly submitted for dismissal of this application as
the judgment passed by this Court already covers the submissions made
by Learned senior counsel for the applicants. For the sake of
convenience, I would like to refer herein below the relevant provisions of
Sections 151 and 152 of CPC which reads as under :
"151. Saving of inherent powers of Court.-
Nothing in this Code shall be deemed to limit or
otherwise affect the inherent power of the Court to make
such orders as may be necessary for the ends of justice
or to prevent abuse of the process of the Court.
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."
7. I have perused the aforesaid provisions. Section 151 of CPC
provides for inherent powers of the Court. Section 152 of CPC deals with
amendment of judgments, decrees or orders. On perusal of Section 152
it appears that if there is any clerical or arithmetical mistake appears in
the judgments, decree or orders or errors arising therein from any
accidental slip or omission that can be corrected by the Court. But here
in the case at hand, the submission made by Learned senior counsel for
the applicants was dealt with at the time of delivery of judgment in
detail. So, I do not find any scope to record the aforesaid submission
made by Learned senior counsel at the time of hearing of argument by
invoking the provisions of Section 151 and Section 152 of CPC as prayed
for because by invoking the aforesaid provisions of law, there is no any
scope at this stage to record any fresh submission of the applicants in
the judgment which is already been delivered on 13.02.2024.
So, I do not find any scope to entertain the application filed
by the applicants at this stage.
Hence, the present I.A. stands dismissed being devoid of
merit.
JUDGE
Date: 2024.05.28 11:30:43 +05'30'
