SAILADHAR DUTTA Vs. KANAI DUTTA

JUDGEMENT

(1.) The Plaintiff Decree Holder's revision against the order dated 5-8-1981 passed by the learned Munsiff, Jorhat dismissing the petitioner's application for amendment of the decree in T.S. No. 2 of 1978.

(2.) The petitioner had filed the suit which was Title Suit No. 2/78 for ejectment of the opposite party who was defendant in the suit, from a piece of land which was described by boundaries and area in the plaint. The suit was decreed on 15-9-1976. The petitioner decree holder was delivered possession of 5 Lechas of land in Title Execution Case No. 5/79, but it was found that the opposite party was actually in possession of 15 Lachas of bind. The opposite party was not evicted from the remaining portion or the land. The petitioner applied for amendment of the decree under sections 151, 152 and 153 of the Code of Civil Procedure, hereafter the Code, by an application dated 11-3-1980 in which area of 1st was stated to be 10 Lechas and by another application dated 27-2-1981 in which the area was stated to be 15 Lechas. The petitioners's submission was that by the mistake the area of the land was stated as 5 Lechas in the plaint and the same mistake was repeated in the decree, that the mistake being clerical should be corrected. The learned Munsiff, according to the petitioner, without making enquiry into the petitioner's submission, dismissed the petition by the order dated 5-8-1981.

(3.) Aggrieved, the petitioner has come in revision, and Shri P.K. Baruah learned counsel for the petitioner, has urged that there was clearly mistake in the plaint and consequently also in the decree, and the learned court below out to have considered the master after giving the parties opportunity to establish their respective submissions and not just dismissed the petition as was done by the impugned order. Shri Baruah has urged that the matter should be sent back to the court below for fresh decision in accordance with law.