KIRAN SADANGI Vs. TAPAN KUMAR KHADENGA

JUDGEMENT

(1.) The order passed by the learned Civil Judge (Senior Division), Berhampur on 23.04.2010 in O.S. No. 27 of 2001 refusing to exercise his jurisdiction under Section 152 of the Code of Civil Procedure, 1908, hereinafter referred as the "Code" for brevity, is in question in this case.

(2.) The present petitioner being the plaintiff filed the suit for decree of divorce, permanent alimony, litigation expenses etc. The defendant (husband) appeared and filed his written statement. He agreed for decree of divorce but disputed the permanent alimony. After hearing, the judgment was passed on 20.02.2009 decreeing the suit in part on contest against the defendant. So far as permanent alimony is concerned, the Court instead of granting one time payment, granted relief on a quarterly basis at the rate of Rs.7,500/- per quarter to the plaintiff and the relief of maintenance to her daughter also on a quarterly basis at the rate of Rs.2000/- per quarter, but refused cost and expenses of litigation. Such judgment and decree was challenged by the petitioner before the learned District Judge, Berhampur, which has been registered as Mat. Appeal No.1 of 2009. The petitioner filed certified copy of the judgment and decree and on perusal of the same she found that a clerical error had crept in the decree prepared by the office relating to jurisdictional value of the aforesaid suit by erroneously mentioning Rs.15,00,000/- instead of putting the actual value given by the plaintiff in the plaint filed under Section 13 of the Hindu Marriage Act, hereinafter referred to as the "Act" for brevity, at Rs.11,000/- as against the word "value of the suit" in the certified copy of the decree.

(3.) In order to correct the decree as aforesaid, she filed a petition on 03.08.2009 in the aforesaid Mat. Appeal. However, the learned District Judge, by his order dated 17.02.2010 observed that the petition for correction of the decree may be made before the lower court and the petitioner, if so advised, may make a prayer before the lower court for correction of the decree thereby disposed of the said petition. It is further stated that the appellate court further observed that the plaintiff-appellant's prayer that the documents may be submitted in the appeal, may be returned to her for correction.