RAM BHAROSEY LAL Vs. RAMESHWAR DAYAL CHAKKIWALA

JUDGEMENT

(1.) Ram Bharosey Lal, who is applicant before this Court in the present revision under Section 115, C. P. C. obtained a decree for rejectment of Ram-eshwar Dayal Chakkiwala as well as Ashok Kumar, the two opposite parties in this revision. This was on April 23. 1975 and related to a house of which description, with reference to boundaries, was also contained in the plaint. The decree was assailed in this Court but affirmed However, there was an error in the decree prepared by the office of the first court, inasmuch as, the boundaries of the house were not mentioned therein. The decree-holder then made an application for correction of this error and the trial court, by its order dated May 15, 1975, directed the correction to be made. The correction was actually made on May 16, 1975. An application to recall the order of correction made by the judgment-debtors was rejected. Therefore, they assailed the order of correction in a revision before the District Judge but the revision was dismissed on the ground that it was not maintainable. The order in this regard was passed on August 25, 1975.

(2.) In Sept. 1975 the decree was put into execution and an objection was filed by the judgment-debtors therein saying that the trial court had no jurisdiction to make the correction as the decree passed by the trial court has merged in the decree passed by this Court on May 8, 1975. It was also said that in case the correction made by the court below in the decree by specifying therein the boundaries of the house was without jurisdiction, it had to be ignored and further that in absence of the description, the decree could not be executed. The matter was decided by the executing court by its order of July 12. 1977. The learned Civil Judge, who heard the matter, after discussing the legal position and referring to several decisions in an elaborate order took the view that the trial court did not have any jurisdiction to effect correction in the decree after it had been affirmed by this Court. Consequently he held that the decree could not be executed Aggrieved by this order, the decree holder has come to this court in the present Revision.

(3.) At the hearing of the revision, it was suggested by the learned counsel for the applicant that without going into the merits of the view taken by the executing court, this court may now permit correction of the decree dated April 23, 1975 so that the decree-holder may proceed to execute the decree for which the limitation is still available. He relied upon the decision of this Court in the case of Bhagwant Singh v. Bhao Singh, (AIR 1932 All 337) in support of his plea. In that case an application in revision came to be treated as an application made before the High Court itself for correction of the decree where the matter was pending. Sri Triloki Nath, for the judgment-debtor, has urged that the course suggested by the counsel for the decree-holder would not be in accordance with law for Section 153-A, C. P. C. as added by Parliament by Act No. 104 of 1976, precluded this Court from making such correction. The submission is not well founded. Section 153-A is in the following terms: