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1978 DIGILAW 740 (MP)

Manilal Purushottam (Firm) v. State of M. P.

1978-09-29

A.R.NAVKAR, S.J.SURANA

body1978
Short Note : 1. This is an application under section 152 CPC for correction of a decree passed in First Appeal No. 15 of 1969 decided on 24-2-1978 by this Bench. It is submitted before us that in the First Appeal No. 15 of 1969 before delivery of the judgment, i.e. on 24-2-1978, a certificate regarding the fee of the counsel was filed on 15-2-1978 by the applicant for Rs. 600. The certificate was submitted with the Reader, but due to oversight, while framing the decree, the counsel's fee has not been taxed in the schedule of cost. Therefore, the decree should be amended u/s 152 CPC. This application is opposed by Shri V.K. Saxena, learned counsel appearing for the State. Held : We are of the opinion that under sections 151 and 152 CPC such correction can be allowed in the decree. We may refer to the decision of the Supreme Court in Samarendra Nath Sinha and another v. Krishna Kumar Nag ( AIR 1967 SC 1440 ) which lays down as under :- "It is well settled that there is an inherent power in the Court which passed the judgment to correct a clerical mistake or an error arising from an accidental slip or omission and to vary its judgment so as to give effect to its meaning and intention." 2. Relying on this judgment and seeing that the certificate is filed before the passing of the judgment, we are of the opinion that this amount should have been included in the decree. AIR 1967 SC 1440 relied on. Application allowed.