S. HARI Vs. S. MOHAN

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed challenging the order dtd. 9/7/2014 passed by the learned Subordinate Judge, Arakkonam in I.A. No. 83 of 2014 in O.S. No. 17 of 2004.

(2.) The petitioners in I.A. No. 83 of 2014 are the defendants 1 and 3 in the suit O.S. No. 17 of 2004 filed by the 1 and 2 respondents, who are the plaintiffs. The suit was filed by the respondents for partition against the petitioners as well as the other defendants. A preliminary decree was passed and thereafter, a final decree dtd. 2/1/2012 was passed by the Trial Court in O.S. No. 17 of 2004. Subsequent to the passing of the final decree, the petitioner, who is the 3rd defendant in the suit along with his father A. Sriramulu Naidu, who is the first defendant in the suit filed an application under Sec. 152 of the Code of Civil Procedure, seeking amendment of the final decree, dtd. 2/1/2012 on the ground that there are clerical and typographical mistakes as well as accidental omissions in the final decree. The petitioner has listed out various amendments, which he is seeking in his affidavit filed in support of I.A. No. 83 of 2014 filed under Sec. 152 of Civil Procedure Code.

(3.) A counter affidavit has also been filed by the respondents 1 and 2, who are the plaintiffs 1 and 2 in the suit stating that the application filed by the petitioners discloses not only clerical and typing errors but also seeks for correction of the decision of the Court on certain points. Apart from that in respect of certain amendments sought for by the petitioner, they have stated no objection for allowing the same.