MALIK BHUPINDER SINGH Vs. RAJ GUPTA

JUDGEMENT

(1.) This application has been made under Section 152 read with Section 151 CPC by the judgment debtors no.1 to 3 with a prayer for modifying the last paragraph of the judgment on the ground that an error crept in the last paragraph of the judgment wherein it was recorded that the defendants who were liable to pay the amount and in whose favour sale deeds were to be executed.

(2.) I have heard both the parties on the application. A perusal of suit filed by plaintiffs would show that plaintiffs in the prayer specifically stated that he had to recover the balance amount from defendants no.1 to 8 and wanted compensation/ damages against defendants no.1 to 8 for breach of agreement. However, while passing the judgment dated 28th April, 2008, this Court granted following reliefs:

(3.) The prayer made by applicants/plaintiffs was only vis--vis defendants no.1 to 8 and not against all the defendants. Plaintiffs though had made other defendants as a party to the present suit but had not sought any relief against them. I, therefore, consider that an error crept in the order dated 28th April, 2008 wherein instead of writing 'defendants no.1 to 8', 'defendants' was written.