RAVIPRAKASH MAKAM Vs. CHANDRAMOULESHWARA

JUDGEMENT

(1.) The petitioner has succeeded in his suit in O.S. No.4572/2012 on the file of the V Additional City Civil Judge, Bengaluru [for short, 'the civil Court'], which is for specific performance of the Agreement dtd. 18/5/1991. The suit is decreed not on adjudication of merits but pursuant to an application filed reporting compromise. After this compromise decree, the petitioner is also successful in getting the sale deed for the subject property through the Court's process. The reason for the present petition is the rejection of the applications filed by the petitioner after the sale deed is executed in execution of the decree for specific performance.

(2.) The petitioner has filed two applications viz., under Order VI Rule 17 of the Code of Civil Procedure, 1908 [for short, 'the CPC'] and under Sec. 152 of CPC. The first application is filed for amendment of the plaint and the second application is filed for correction of the decree. The petitioner has filed these applications contending that the subject property is bound on the eastern side by 'Racecourse Road' and the property is also accordingly described in the agreement dtd. 18/5/1991. But in the plaint schedule, by inadvertence, the eastern boundary of the property is mentioned as 'Racecourse'. This inadvertent typographical error is also reflected in the sale deed. The civil Court has rejected these applications by the impugned order opining that the plaint cannot be amended after the sale deed is executed and the decree cannot be corrected because there is no typographical error by the Court.

(3.) Sri. K.N. Nitish, the learned counsel for the petitioner, submits that the original agreement dtd. 18/5/1991 is part of the records in O.S. No.4572/2014 and a mere perusal of this document would indicate that the eastern boundary of the subject property is indeed mentioned as 'Racecourse Road'. The original defendant could only assert title to the property which abuts this Racecourse Road. The provisions of Order VI Rule 17 of CPC could be invoked, where circumstances would justify, even after the disposal of the suit to facilitate an effective decree.