S. PERUMAL AND ORS. Vs. V. BANUPRIYA

JUDGEMENT

(1.) Heard the learned counsel appearing for the revision petitioners and the learned counsel appearing for the respondent.

(2.) The present Civil Revision Petition has been filed challenging the impugned order dated 13.01.2015 made in I.A. No.146 of 2014 in O.S. No.122 of 2010, wherein the application filed under Sec. 152 CPC to correct the judgment and decree came to be allowed.

(3.) The learned counsel appearing for the revision petitioner would submit that the respondent herein as plaintiff has filed the suit for partition and separate possession of 1/6th share in the schedule A to D mentioned properties. The petitioners herein as defendants filed the written statement. After contest, the suit was decreed. In paragraph 10 of the judgment, it has been specifically stated that the plaintiff is entitled to 1/6th share in the 'A' scheduled property and also entitled to income from 'B' to 'D' scheduled properties by filing separate application. Since there is no specific mentioning about item 'B' to 'D' scheduled properties, the respondent/plaintiff filed an application under Sec. 152 CPC stating that it is an accidental slip and hence, the Trial Court after hearing both sides and considering several judgments has allowed the application, against which the present Civil Revision Petition has been preferred.