UPPOT KOTTAYI PRADEEP KUMAR Vs. UPPOT KOTTAYI PANKAJAVALLY

JUDGEMENT

(1.) This is a petition filed by the plaintiff in O.S.No.49 of 2015, on the files of Additional Sub Judge, Vadakara. The judgment and preliminary decree was passed in the said original suit on 04.03.2016. After perusal of the same, when the petitioner found that there are errors crept in, in the said judgment and decree, I.A.No 214 of 2017 in O.S.No.49 of 2015 was filed under Section 152 of CPC to correct the decree. The court below also found that some mistakes are crept in, in the judgment and preliminary decree. Even though a list of corrections are sought, the said petition was allowed only partly, ie, 4 corrections are allowed by the order. Some correction are not allowed on the view that those correction will not come under the purview of Section 152 of CPC. that those facts can be only considered by an appellate court.

(2.) But considering the contentions and submissions made before this Court, it appears that if the errors pointed out are errors on the face of the records, it may not be come under the purview of Section 152 of CPC, but, surely, can be reviewed by the Court which passed the decree.

(3.) Under such circumstances, without notice to the other side, this petition is disposed, directing the lower court that if a review petition is filed with delay condonation petition, it shall be considered on merit, if the errors pointed out in I.A.No.214 of 2017 in O.S.No.49 of 2015, on the files of Additional Sub Judge, Vadakara, are errors apparent on the face of the record, including calculation error.