BISMILLAH Vs. HANIF

JUDGEMENT

(1.) THIS is a revision preferred against the order dated 26 -10 -1994 passed by the learned Addi ­tional Commissioner, Moradabad Division, Moradabad dismissing the revisionist's application No. 7 of 1994 -95 for correction of the judgment and decree dated 22 -3 -1994 under Section 176 of U.P.Z.A. & L.R. Act passed in appeal No. 39 of 1993 -94.

(2.) BRIEF and relevant facts of the case are that during the pendency of the First Appeal before the learned Additional Commissioner an application under Sec ­tion 152 of C.P.C. was moved on behalf of the revisionist Smt. Bismillah and others with the prayer that in para 2 of the judg ­ment and order dated March 22, 1994, plot No. 329/66 area 5.50 -D in place of 329 area 6.50and 1l/4th in place of ll/8th has been wrongly typed and the same may be cor ­rected. The learned Additional Commis ­sioner has dismissed this application on October26, 1994. Hence this revision.

(3.) I have carefully and closely con ­sidered the contentions raised by the learned Counsel for the revisionist and have also gone through the relevant records on file. Having closely examined the records, I find that the learned Addi ­tional Commissioner has rightly dismissed the afore said application moved by the revisionist as by means of the aforesaid application, the revisionist has sought to get changed the order originally under section 152, C.P.C. but the aforesaid mis ­take with regard to share of the parties cannot be permitted to be changed under Section 152 of C.P.C.