CHANDAN BAI (SMT.) Vs. BUDH PRAKASH AND OTHERS

JUDGEMENT

(1.) This revision application takes exception to the order dated 15.01.2010 passed in Miscellaneous Civil Case No.190/2010 by the Second Civil Judge Class-II, Datia by which the application under Section 152 of C.P.C. has been rejected.

(2.) The facts leading to filing of the instant revision application are that the applicant filed the suit for declaration of title with respect to the of the portion of Khasra No.38 situated in village Reda and Khasra No.265/1/2 situated in village Jhadia, Tehsil and District Datia, the suit was registered as Civil Suit No. 24A/2004 and the final judgment was pronounced on 21.07.2007. However, the applicant is raising the grievance that, the trial Court while reducing in writing the concluding paragraph has committed a typographical error by reflecting the ownership of the applicant to be ?rd on the suit property, thus, an application was filed by the applicant under Section 152 of CPC seeking correction in judgment and decree. It is this application which has been rejected by the court below leading to filing of the instant revision application.

(3.) Learned counsel for the applicant has submitted that, while exercising power under Section 152 of Civil Procedure Code, the court can correct a clerical or arithmetic mistake or errors arising in the judgment, decree or order from any accidental slip or omission, the instant case falls within the parameter of this provision which is apparent from the findings recorded in the impugned judgment and decree. Thus, the order of the court below is illegal and deserves to be set aside.