PRABHULAL BEHARILAL Vs. GHEESALAL ONKAR

JUDGEMENT

(1.) THIS petition arises out of an order passed by the Sub -Judge, Sehore on an application made by the Plaintiff under Section 152, Code of Civil Procedure code.

(2.) IN Civil Suit No. 22 of 1957, the Plaintiff claimed the suit land to have been purchased by him from the Defendant for Rs.600 by a sale -deed dated 29th February 1956. The grievance was that the revenue authorities did not recognise the sale -deed and did not order mutation in favour of the Plaintiff. The Plaintiff, therefore, claimed a decree for a declaration of his title on the basis of the said sale -deed as also for possession of the said land. The Defendant did not appear before the trial Judge. By his judgment dated 18th April 1957 the learned Sub -Judge, Sehore passed a decree in favour of the Plaintiff. The operative portion of the judgment reads as follows:

(3.) AGGRIEVED by the said order, the Plaintiff has come to this Court and his grievance is that his application was not one for review but it was for rectifying the mistake and that this was a fit case where the Court should have corrected its own error.