Research › Search › Judgment

Madhya Pradesh High Court · body

2007 DIGILAW 864 (MP)

Sarojini Mahule v. Kailash Chandra Vishwakarma

2007-08-08

A.K.SHRIVASTAVA

body2007
ORDER 1. An application under section 152 CPC was moved before learned 4th Additional District Judge, Jabalpur that in the judgment dated 14.9.1998 passed in Civil Appeal No. 2-N98 (Smt. Sarojini Mahule v. Kailash Chandra Vishwakarma) incorrect house number 113/14 got typed. According to learned counsel, indeed, the correct number of the house is 1103/14. The contention of learned counsel is that this Court vide judgment dated 10.7.2006 dismissed Second Appeal No.1 046/1998 (Kailash Chandra Vishwakarma v. Smt. Sarojini Mahuley) [ 2007 (II) MPWN 23 . Now the decree-holder is facing difficulty in getting the decree executed because incorrect house number (113/14) is mentioned in the judgment of learned 4th Additional District Judge, Jabalpur. The contention of learned counsel is that an application u/s. 152 CPC was moved for necessary correction but the same has been rejected by the impugned order. 2. By inviting my attention to section 152 CPC, it has been argued by learned counsel that clerical or arithmetical mistakes in judgments or 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. By inviting my attention to para 1 of the plaint, it has been argued by learned counsel that correct number of the house" 1103/14" has been mentioned, therefore, learned Court below acted illegally and with material irregularity in exercise of its jurisdiction and has failed to exercise a jurisdiction so vested by law in it by not allowing the application u/s. 152 CPC. 3. Having heard learned counsel for the applicant, I am of the view that this revision deserves to be allowed. 4. On bare perusal of copy of the plaint, it is gathered that house number 1103/14 has been mentioned in para 1 of the plaint. If by accidental slip or by clerical error in the judgment of learned first appellate Court incorrect number 113/14 has been typed, it was incumbent upon the Court below to correct the said error when it was brought to its notice by the applicant by filing an application u/s. 152 CPC. Thus, I am of the view that learned Court below has failed to exercise the jurisdiction so vested in it by law and thus acted illegally and with material irregularly by rejecting the application u/s. 152 CPC. 5. Thus, I am of the view that learned Court below has failed to exercise the jurisdiction so vested in it by law and thus acted illegally and with material irregularly by rejecting the application u/s. 152 CPC. 5. The revision application is accordingly allowed. The impugned order is hereby set aside and it is hereby held that correct number of the house is 1103/14.