SAMRAKSHANA ELECTRICALS LIMITED Vs. MAC CHARLES (INDIA) LIMITED

JUDGEMENT

(1.) IN this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has called in question, the order dated 6.3.2013, passed by the 23rd Addl. City Civil and Sessions Judge at Bangalore, in Execution Case No. 1292/2008 on I.A. No. 5 vide Annexure -L. By the impugned order at Annexure -L, the Executing Court has allowed I.A. No. 5 filed by the respondent under sections 152, 153 r/w section 151 of CPC.

(2.) AGGRIEVED by that, the petitioner has filed this writ petition.

(3.) THE learned counsel for the petitioner contended that the impugned order cannot be sustained in law. He also submitted that the Executing Court has erred while allowing I.A. No. 5 and permitting the respondent to amend the cause title in the plaint and judgment and decree. By order dated 8.4.2010, M/s. India Meters Limited has been amalgamated with the petitioner company. On the date of amalgamation, only execution proceedings were pending. Therefore, the Executing Court was not justified in permitting the respondent to amend the cause title in the plaint and judgment and decree. He also submitted that under sections 152 and 153 of CPC it is only clerical or arithmetical mistakes in judgments, decrees or orders which can be corrected. He placed reliance on the decision of the Hon'ble Supreme Court reported in : (2013) 8 SCC page 147.