SATYAVATI ROKHEL Vs. KAMLESH PATEL

JUDGEMENT

(1.) In this petition under Article 227 of the Constitution of India, the petitioners have assailed the order dated 10.04.2017 (Annexure P-7) passed in Succession Case No.1/2013 by the Civil Judge Class-I, Maihar, District Satna; whereby, the application under Section 151 read with section 152 of the Code of Civil Procedure, 1908 seeking correction of name in the cause-title has been rejected.

(2.) The brief facts leading to filing of this case are that the respondent No.1 filed a case under section 372 of Indian Succession Act against the petitioners claiming the outstanding amount in respect of her husband late Dadua Patel who was working as Gangman and died on 01.07.2012. During the pendency, an application under Order 1, Rule 10 CPC was allowed and certain respondents were added. One of the non-applicant namely Kumari Aasha Patel died on 23.12.2014 and an application for deleting her name from the array of respondents was filed which was allowed by the Court below and her name was deleted. Thereafter a compromise took place between the parties and the matter was settled outside the Court. A joint application was moved under Order 23, Rule 3 of CPC for issuing of Succession Certificate. The said application was partly allowed in respect of service benefits of the deceased employee and rejected the application in respect of property and other items. However, inadvertently, due to typing error the name of Kumari Nirasha Patel non-applicant No.5 could not be mentioned in the application and in her place name of Kumari Aasha Patel non-applicant No.4 was mentioned in the application under Order 23, Rule 3 CPC inspite of the fact that Kumari Aasha Patel had already expired and her name has been deleted from the array of non-applicants. When the mistake was detected, immediately an application under Section 151 read with section 152 CPC was moved for correction in the order dated 17.12.2016 with a prayer that the name of Kumari Aasha Patel be deleted and in her place name of Kumari Nirasha Patel be incorporated. The Court below has rejected the application vide the impugned order.

(3.) The learned counsel for the petitioner has invited the attention of this Court to the provisions of section 152 of CPC stating that clerical or arithmetical mistakes in judgments, 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. It is submitted that the mistake as pointed out by the petitioner has not been corrected by the Court below as such the petitioner is not in a position to take advantage of succession certificate issued in their favour.