JUDGMENT Maclean, C.J. and Pargiter, J. - The only question we have to decide on this appeal is whether a suit lies in a Civil Court to rectify a mistake in a decree. It was held by the Court from which the present appeal has been brought that the only remedy open to a litigant, who is aggrieved by a mistake in a decree, is by proceeding either under sec. 206 or sec. 623 of the Code of Civil Procedure. Sec. 206 deals with the case of bringing the decree into conformity with the judgment, but as has been pointed out that section cannot apply to the present case, because the mistake here, if such there were, was a mistake common at once to the judgment and to the decree. Then it is said that the only remedy in such a case is to proceed under sec. 623, the review section of the Code. That section, however, is an enabling one only, and is not compulsory, though in the case of mistake, an application under that section is doubtless the simpler and more expeditious course. But I do not find any negative or prohibitory words in the Code, such as to prevent the Plaintiff-from instituting a suit such as the present. Sec. 11 of the Code enacts that, "the Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits, of which their cognizance is barred by any enactment for the time being in force." I am aware of no enactment in force which bars a suit such as the present. Nor is there anything in the provisions of the Code subsequent to sec. 11, which is inconsistent with the Court having jurisdiction to try such a suit as the present, which is of a civil nature. In the absence of any legislative prohibition, I am of opinion that such a suit will lie. Such a suit will lie in the Courts of England, and in the absence of any special provision under the Indian Law to the contrary, I think, we may safely follow the law in England. 2. The appeal must, therefore, be allowed, and the case must go back to the Subordinate Judge to be tried on the merits. The Plaintiff must have his costs of both appeals in this Court.