SAROJINI MAHULE Vs. KAILASH CHANDRA VISHWAKARMA

JUDGEMENT

(1.) AN application under section 152, Civil Procedure Code was moved before learned 4th Additional District Judge, Jabalpur that in the judgment dated 14-9-1998 passed in Civil Appeal No. 2-A/98 Smt. Sarojini mahule vs. Kailash Chandra Vishwakarma incorrect house number 113/14 got typed. According to learned counsel, indeed, the correct number of the house is 1103/14. The contention of learned counsel is that this Court vide judgment dated 10-7-2006 dismissed Second Appeal No. 1046/1998, Kailash Chandra vishwakarma vs. Smt. Sarojini Mahuley. Now the decree-holder is facing difficulty in getting the decree executed because incorrect house number (113/14)is mentioned in the judgment of learned 4th Additional District Judge, Jabalpur. The contention of learned counsel is that an application under section 152, Civil procedure Code was moved for necessary correction but the same has been rejected by the impugned order.

(2.) BY inviting my attention to section 152, Civil Procedure Code, it has been argued by learned counsel that clerical or arithmetical mistakes in judgments or decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties. By inviting my attention to para 1 of the plaint, it has been argued by learned counsel that correct number of the house "1103/14" has been mentioned, therefore, learned Court below acted illegally and with material irregularity in exercise of its jurisdiction and has failed to exercise a jurisdiction so vested by law in it by not allowing the application under section 152, Civil Procedure Code.

(3.) HAVING heard learned counsel for the applicant, I am of the view that this revision deserves to be allowed.