RAJA RAM AND ORS Vs. KISHAN AND ORS

JUDGEMENT

(1.) Present petition is filed challenging the order dated 25.07.2009 passed by the learned Civil Judge (Senior Division), Jind, thereby rejecting the application moved by the Plaintiff-Petitioners under Section 151/152 Code of Code of Civil Procedure for correction of the judgment and decree dated 01.12.1971.

(2.) Undisputedly, decree dated 01.12.1971 was passed in view of the amicable settlement between the parties. Correction of the decree dated 01.12.1971 was sought after more than three decades. I do not think that decree can be amended after the lapse of more than 34 years. Undisputedly, both the parties have moved mutation applications and got mutation done in accordance with a consent decree dated 01.12.1971. Had there been any mistake, parties would have not moved mutation application. Moving mutation application and getting the mutation done pursuant to the decree dated 01.12.1971 shall bar present correction application in view of the principles of waiver, acquiescence and estopple.

(3.) Dismissed.