LAWS(ORI)-1984-6-25

CHHALA BANCHHOR Vs. RAJAN BANCHHOR

Decided On June 26, 1984
Chhala Banchhor Appellant
V/S
Rajan Banchhor Respondents

JUDGEMENT

(1.) THE short question involved in this case is whether the amendment of the judgment and decree sought for by the petitioner comes within the scope of Section 152, C. P. C. The Court below having rejected the petitioner's application under Section 152, C. P. C, the revision petition has been filed impugning the said order. The petitioner filed Title Suit No. 65 of 1975 in the Court of the Munsif, Bargarh, for declaration of title over plaint 'A' Schedule land and for recovery of possession of the same. The suit was decreed by the Court by its judgment dated 21st of August, 1979. The ordering portion of the judgment reads as follows :

(2.) ORDER 22, Rule 3, C. P .C, provides that a judgment, once signed, shall not afterwards be altered or added to same as provided by Section 152, C. P. C, or on review. Under Order 22, Rule 6, C. P. C, the decree is to be drawn up so as to agree with the judgment. From these provisions it is clear that, as a general rule, a judgment, decree or final orders, once drawn up and signed, cannot subsequently be altered, verified or amended in any manner by the Court which pronounced it even with the consent of the parties, except in the manner indicated above.

(3.) IN view of the discussion aforesaid, the revision is devoid of merit and the same is dismissed, but in the circumstances of the case without cost of this proceeding.