BUTTO BAI Vs. DUMRI

JUDGEMENT

(1.) In this civil revision the applicants/revisionists being aggrieved by the impugned order dtd. 11/3/2023 passed by Civil Judge Class-II, Junior Division, Niwas, District Mandla in MJC No.36/2022 whereby the application filed by applicants under Sec. 152 of the Code of Civil Procedure (for short "CPC") has been dismissed.

(2.) Brief facts of the case are that applicants/plaintiffs are daughters and respondent/defendant is son of Late Saddu Goud. The applicants/plaintiffs filed Civil Suit No.33-A/2016 for declaration, partition and separate possession over one-third share in their father's property. The trial Court vide judgment and decree dtd. 11/3/2017 held that each applicant/plaintiff has one-third share in father's property. The respondent/defendant being aggrieved with the judgment and decree of the trial Court preferred First Appeal before the District Judge, Mandla which was registered as Civil Appeal No.62-A/2018. The learned lower appellate Court affirmed the judgment and decree of the trial Court vide judgment and decree dtd. 7/10/2022 and dismissed the appeal.

(3.) It is further averred that on account of inadvertence on the part of applicant's counsel the disputed property were mentioned as "Khasra Nos.188, 198, 265 admeasuring 3.09 hectares" in the plaint, whereas the correct number and area of Khasra is "Kh.No.188, 198 and 165 admeasuring 3.90 hectares". The respondent/defendant never raised any objection in this regard. The written statement filed respondent/defendant to Civil Suit No.233-A/2016 has been brought on record as Annexure-A/5. It is stated from perusal of judgment dtd. 11/3/2017 it is clear that on 16/5/2018 there is mention of mistake in area as "3.09 hectares" and correct area is "3.90 hectares".