CHANDI PRASAD DHYANI Vs. SURAJ PRAKASH GULATI

JUDGEMENT

(1.) Revisionists - plaintiffs filed an Original Suit (No. 137 of 2013) for cancellation of the sale-deed. The valuation of the subject matter of the said suit was fixed by the plaintiffs at Rs.3,12,000.00 (Rupees three lakh twelve thousand). The said Original Suit was decided on 28/1/2023. While deciding the said Original Suit, the value of the subject matter of the Suit was found by learned Trial Court to be Rs.1,10,00,005.00 (Rupees one crore ten lakh five). The revisionists - plaintiffs filed an application under Sec. 152 of the Code of Civil Procedure, 1908 stating that the said valuation as mentioned in the judgment is typographical error and requested to amend the judgment dtd. 28/1/2023. The said Application has been dismissed by learned Senior Civil Judge, Rishikesh, Dehradun vide impugned order dtd. 10/2/2023.

(2.) Heard Mr. Siddhartha Singh, learned counsel for the revisionists - plaintiffs and Mr. Piyush Garg, learned counsel for the respondents.

(3.) In the said Original Suit, additional issues of valuation and court fee were framed after filing the additional written statement. It is clearly mentioned in the said judgment that both the parties were heard on the issue of valuation and then the learned Trial Court had ascertained the said valuation of the subject matter of the suit property.