JAWAHAR LAL Vs. GHASI RAM JAIN

JUDGEMENT

(1.) Insert Page 227 is estopped from doing so. No doubt while endorsing no objection to the withdrawal of the amount deposited by him by the plaintiff-opposite party, he qualified his 'no objection' by saying 'but without prejudice to the allegations of the W. S. The reservation made by the defendant-revisionist with regard to his allegations in the written statement might be available in future proceed ings but is not available in relation to the claim of the plaintiff opposite party in the suit which has been dismissed on the basis of his endorsement agreeing to the dismissal of the suit. Once the plaintiff-opposite party and the defendant revisionist agreed to the dismissal of the suit,. . . the court was fully justified in dismissing the suit and permitting the plaintiff opposite party to withdraw the amount deposited therein by the defendant-revisionist. It was under no obliga tion to decide the dispute with regard to the rate of rent. The court also could not determine the disputed regarding the rate of rent in the proceedings initiat ed by the defendant-revisionist under Section 152 of the Code. 7. In any event, the alleged error in permitting the plaintiff-opposite party to withdraw the amount deposited by the defendant-revisionist is, by no stretch of imagination, a clerical or arithmetical mistake either in the judgment or decree arising therein from any accidental slip or omission obliging the court to exercise powers under Section 152 of the Code. 8. The foregoing discussion leads to an irresistible conclusion that the impugned order is not liable to be interferred with by this court in exercise of its rovisional jurisdiction under Section 25 of the Provincial Small Causes Courts Act, 1887; and that the revision is totally devoid of merit and frivolous. 9. In the result, the revision fails and is hereby dismissed summarily with costs, quantified at Rs. 1,000. Revision dismissed. .