SANJOY GHOSH Vs. ARUN BARAN GHOSH

JUDGEMENT

(1.) THIS revisional application under Article 227 of the Constitution has been preferred challenging the legality and propriety of the order dated 15th November, 2007 passed by the learned Civil Judge (Senior Division), 10th Court at Alipore in Title Suit No. 118 of 2000. It appears that by such order the learned Court below has considered a petition filed by the plaintiff no. 2 on 01.04.2006 under Section 152 CPC praying for correction of the judgement passed by the learned Court below decreeing the suit in preliminary form.

(2.) IN the said order the learned Court below has held, inter alia, that the plaintiff no. 2 has prayed for modification of the judgement and preliminary decree of partition dated 29.07.2005 on the plea of correction of omissions and errors occurred in the said judgement and decree but in his opinion such an attempt will touch the merit of the judgement which is the subject matter of an appeal and cannot be corrected under Section 152 CPC. According to the views of the learned Corut below the proposed correction or omission, as sought for, are substantive in nature and as such the Court cannot exercise its power under Section 152 CPC, as prayed for.

(3.) WHILE considering the merit of this revisional application the Court should aware that in course of administration of justice every judicial order is to be passed in accordance with law in presence or absence of the parties affected thereby but absence of any party cannot be treated as the sole ground of allowing or rejecting a prayer as claimed by the petitioner. Therefore, absence of a party or resistance by the other parties, in my opinion, cannot be a sole ground for allowing his prayer without considering the merit of the claim in accordance with law.