JASMIN SINGH Vs. JASBIR SINGH

JUDGEMENT

(1.) The petitioner challenges the order dtd. 22/2/2023 in Misc DJ 76/2022 in CS DJ No. 278/2020 titled 'Jasmin Singh Vs. Jasbir Singh and Anr.' whereby an application under Sec. 151 CPC, 1908 seeking amendment to the final judgment and consent decree dtd. 16/10/2020 was sought, was dismissed on the ground that the rectification of the consent order cannot be done, unless the mistake is apparent on the face of the record.

(2.) Mr. Yadav, learned senior counsel appearing for the petitioner submits that parties were ad idem on the aforesaid issue and that is how settlement agreement has been arrived at.

(3.) In fact, Mr. Yadav, learned counsel draws attention to the settlement agreement to submit that the consent of both the parties were obtained in respect of the dispute between the parties regarding execution of sale deed etc. in favour of the petitioner i.e. Jasmin Singh by the respondent/defendant. Learned counsel submits that it was only an omission to not have included the sale consideration of Rs.42,000.00 which were already paid by the father of the petitioner to the father of the respondent.