K MUNIYAPPA Vs. M A HANUMANTHA

JUDGEMENT

(1.) THE petitioner filed a suit for redemption and for being put in possession of second item of the plaint schedule property in consequence of redemption, and alleged that he was already in possession of the first item. THE judgment of the learned Munsiff was in favour of the plaintiff and as is clear from the judgment and the order now under revision, by a clerical error he directed that the plaintiff must be put in possession of the first item instead of mentioning that he must be put in possession of the second item. THE mistake naturally crept into the decrees drawn up in the case. It is contended that the petitioner discovered the mistake only when he had to file an execution application. A review petition was filed, but it was filed after the period of limitation. An application under Section 152, Civil P.C., was also filed.

(2.) IT is a clear case of clerical error and I am inclined to think that the learned Munsiff had ample jurisdiction under Section 152, Civil P.C., to make the correction, but unfortunately he has dismissed the application filed by the petitioner under an impression that he has no such power. I may here refer to - 'Kawdu v. Berar Ginning Co. Ltd., Akot', AIR 1929 Nag 185, where it is observed as follows :