HARINDAR PRASAD SAHANI Vs. CHANCHAL GHOSE AND ORS.

JUDGEMENT

(1.) THE order impugned an the present Civil Revision is one passed by the learned Trial Court rejecting the application Under Section 152 of the C.P.C. read with Section 151 of the Code filed by the present petitioner for correcting the order dated 19.12.1997 decreeing the Title Suit No. 9/96 ex parte against the Opposite Parties 1 and 2.

(2.) I have heard Mr. N. Choudhury, learned counsel for the petitioner and Mr. G.N. Sahewalla, learned Senior Counsel assisted by Ms. S. Sanapati for the Opposite Parties 1 and 2.

(3.) AS the learned Trial Court omitted to decree the relief of recovery of khas possession of the suit land, the plaintiffs filed an application Under Section 152 of CPC, read with Section 151 CPC thereof contending that while decreeing the suit the learned Trial Court had inadvertently omitted to pass the decree for recovery of khas possession and, therefore, it was a fit case where the omission ought to be supplied both in the judgment as well as in the decree by incorporating the relief for recovery of khas and vacant possession of the suit land. This application was also disposed of uncontested. The learned Trial court by the impugned order dated 30.4.98 held that the omission to mention anything about recovery of khas possession by the judgment and decree did not amount to a clerical or arithmetical error or an error arising out of an accidental slip or omission. On a reading of the judgment and decree, the learned Trial court was of the opinion that the relief for recovery of khas possession had been denied and therefore it was not a case for invoking the power Under Section 152 of the CPC.