CLR/47/2023
2023 Latest Caselaw 850 UK

        IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
             THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                         28th MARCH, 2023

                   CIVIL REVISION NO. 47 of 2023

Between:

Chandi Prasad Dhyani (deceased),
through Legal Representatives                            ...Revisionists

and

Suraj Prakash Gulati
and Others                                               ...Respondents

Counsel for the Revisionists        :     Mr. Siddhartha Singh.

Counsel for the Respondents :             Mr. Piyush Garg.


Hon'ble Alok Kumar Verma, J.

Revisionists - plaintiffs filed an Original Suit (No.

137 of 2013) for cancellation of the sale-deed. The valuation

of the subject matter of the said suit was fixed by the

plaintiffs at ` 3,12,000/- (Rupees three lakh twelve

thousand). The said Original Suit was decided on

28.01.2023. While deciding the said Original Suit, the value

of the subject matter of the Suit was found by learned Trial

Court to be ` 1,10,00,005/- (Rupees one crore ten lakh five).

The revisionists - plaintiffs filed an application under Section

152 of the Code of Civil Procedure, 1908 stating that the

said valuation as mentioned in the judgment is typographical

error and requested to amend the judgment dated

28.01.2023. The said Application has been dismissed by

learned Senior Civil Judge, Rishikesh, Dehradun vide

impugned order dated 10.02.2023.

2. Heard Mr. Siddhartha Singh, learned counsel for

the revisionists - plaintiffs and Mr. Piyush Garg, learned

counsel for the respondents.

3. In the said Original Suit, additional issues of

valuation and court fee were framed after filing the

additional written statement. It is clearly mentioned in the

said judgment that both the parties were heard on the issue

of valuation and then the learned Trial Court had ascertained

the said valuation of the subject matter of the suit property.

4. The provision of Section 152 of the Code of Civil

Procedure, 1908, is as follows:-

"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."

5. According to the judgment passed by learned Trial

Court, both the parties were heard on the issue of valuation.

Therefore, it cannot be said that the ascertained value of the

subject matter of the Suit (` 1,10,00,005/-) was only clerical

or arithmetical mistakes or accidental slip.

6. Therefore, no infirmity is found in the impugned

order.

7. Mr. Siddhartha Singh, learned counsel for the

revisionists - plaintiffs, submitted that a First Appeal,

against the said judgment and decree, has been filed before

the First Appellate Court, and, the said Appeal has been

registered as a miscellaneous case.

8. Learned counsel for the revisionists - plaintiffs

submitted that the revisionists - plaintiffs will withdraw the

said Appeal to file an appeal before the High Court as per

law.

9. Civil Revision (No. 47 of 2023) is dismissed

accordingly.

___________________ ALOK KUMAR VERMA, J.

Dt: 28.03.2023 Shubham