SAROJE BAEHINI Vs. STATE

JUDGEMENT

(1.) I regret I cannot accede to the prayer of the petitioner. I know what the refusal means. The applicant will have to make an application for a fresh certificate of succession Even though it is to collect the debt foe which a certificate had already been taken and the duty paid, the duty prescribed by the Court -fees Act must be again paid: In Re: Saroje Baehini, 20 C. W. N. 1125 at p. 1128 : (A. I. R. (4) 1917 Cal. 380). This means further depletion of a loan fund. The debt for which the certificate was taken is a small one

(2.) I wish I could grant the prayer. If the point involved were a technical one, I would have ignored it, and granted the prayer.

(3.) THE fact may be said in two or three sentences. The certificate was granted to several persons jointly. One of them has died. The survivors ask that the name of the deceased be deleted in the certificate, so that they may act on it. Counsel calls it a 'partial revocation' ofthe certificate. 4a. Has the Court jurisdiction to do what is asked for ? In order to do that, the Court must amend the order on which the certificate was issued. The order has been drawn up and completed. Can the Court amend the order now ? Section 152, Civil P. C. gives power to Court to amend judgment, decrees or orders only in specific cases. If the decree or order sought to be amended does not come within Section 152, the Court can correct the errors only under the review section; or under the inherent power of the Court to amend or vary its own decree or order so as to carry out its own meaning. But the amendment asked for is not within the rules mentioned above. It follows therefore that I cannot amend the order. How can I then amend the certificate ?