ON THE DEALTH OF ARIBAM GOURAHARI SHARMA, THROUGH HIS LEGAL HEIRS ARIBAM ASHUTOSH SHARMA AND OTHERS Vs. ELANGBAM NINGOL POTSANGBAM ONGBI RADHE DEVI AND OTHERS

JUDGEMENT

(1.) This is an application under section 152 read with section 151 of the Code of Civil Procedure for amendment of the decree dated 25.6.71 of the Court of Munsiff I, Manipur, passed in Original Suit No. 1 of 1970. which has since been confirmed by the lower appellate Court, and by this Court in Second Appeal No. 37 of 1973.

(2.) The petitioners are the decree-holders of the suit, O.S. No. 1 of 1970. In the schedule to the plaint the description of the suit land was given as the homestead land under patta No. 11 (New) corresponding old patta No. 887 of village No. 85 I.W.T. shortly described as patta No. 85/11 (New) 85/887 (old) I.W.T. It is stated as the Bar that in the patta '85' is the number of the village and '11' is the number of the patta, similarly, the old patta '85' was the number of the village and '887' was the number of the patta. The suit was decreed by the Court of Munsiff I, Manipur. It is admitted that when the decree was prepared, instead of patta No. 85/11 (New), 85/887 (old) it was described as patta No. 65/11 (New) 65/887 (old). It appears that oblivious of this mistake the opposite parties went on appeal and in the memo of appeal the patta number was stated as 'patta No. 85/11 (New) 85/887 (Old)' and not '65/11 (New) 65887 (Old), A Second appeal was taken to this Court and in that Second Appeal No. 37 of 1973, the decree was confirmed. It is admitted that in the memo of Second Appeal also the patta number was given as '85/11(New) 85/887(Old)' and not '65/11(New) 65/887(Old)'.

(3.) At the execution stage the defendant-opposite parties pointed out and objected to the execution of the decree on the ground that the decree described the patta No. 65/11(New) 65/887(Old) and not 85/11(New) 85/887(Old) and having thus mistakenly referred to another land in another village the decree could not be executed. The petitioner-decree holder under the predicament filed an application before the learned trial Court, praying for correction/amendment of the patta number from '65/11(New) 65/887(old)'to '85/11(New) 85/887(old)', stating that it was a mistake in preparation of the decree. The learned trial Court (Munsiff of Imphal) by order dated 29th July 1981, in Execution Case No. 5 of 1980, while realising the necessity of the correction as prayed, held that his Court had no power or jurisdiction to amend the decree as it had been subsequently confirmed by the first appellate Court as well as by the second appellate court. Hence, this application for amendment of the decree.