SHAHZAD KHAN Vs. PT SHEO KUMAR

JUDGEMENT

(1.) This is an application in revision against an order under Section 152, Civil P. C, refusing to amend the decree in the suit.

(2.) The facts of the case are that on 26-7-1901 a mortgage deed was executed by Bhairon Khan, the predecessor-in-interest of the applicant, in favour of four persons who are now represented by the opposite parties. The plots mortgaged were 25 plots and the area of the plots given in the mortgage-deed was 40 bighas, 8 biswas and 14 biswansis and was situate in village Dhuremau, district Rae Bareli.

(3.) In the plaint the property was -described as 29 plots measuring 19 bighas, The suit was decreed and the entire decretal amount has been deposited and the property redeemed. It is alleged that the plaintiff is in possession of the entire mortgaged property, i.e. 40 bighas, 8 biswas and 14 biswansis. Some mistake cropped up in the decree on account of wrong description in the plaint. The application was opposed by the opposite party in the Court below and the learned Judge dismissed the application for amendment. Though it was admitted that there was no such mortgaged property, in the entire village where the disputed property given in the plaint is situate, yet he came to the conclusion that the mistake was not of a clerical nature and, therefore, he refused to amend the decree. The applicants have come up before this Court in revision and they have alleged that in the mortgage deed itself, which was filed with the plaint, the description of the plots was 25 plots within an area of 40 bighas and, therefore, the mistake in the plaint cannot be said to be anything else but merely a clerical error. Nobody appears for the opposite party to oppose the application.