THANGAM RELIGIOUS AND CHARITABLE TRUST Vs. G. HARIHARAN

JUDGEMENT

(1.) The above Civil Revision Petition is preferred as against the fair and Decretal Order, dtd. 10/3/2021 made in I.A. No.1 of 2019 in A.S. No.60 of 2010, on the file of learned Principal District Judge, Kanyakumari at Nagercoil.

(2.) Brief facts leading this revision are as under:

(3.) The learned Counsel appearing for the Petitioners would submit that Sec. 152 of CPC makes it clear that the amendment can be invoked for the limited purpose of correcting clerical are arithmetical mistakes in the Judgment and the same cannot be invoked for clearing a substantive relief, which was not granted under the decree. Therefore, the provision under Sec. 152, CPC cannot be invoked to modify, alter or add to the terms of the Original Order or Decree. Therefore, the Order passed by the Appellate Court is liable to be set aside. To support his contention, the learned Counsel relied upon the decision reported in Bijay Kumar Saraogi v. State of Jharkhand, 2005 (7) SCC 748.