BALWANT SINGH Vs. JAGDISH SINGH CHEEMA

JUDGEMENT

(1.) CAPTAIN Jagdish Singh filed a suit for pre-emption regarding a sale, which had taken place for Rupees 16730/ -. The suit was contested by the vendees Balwant Singh and Gurcharan Singh. The matter was, however, compromised between the parties on the following terms:

(2.) THE learned Senior Subordinate Judge accepted the application for the amendment of the judgment and the decree and ordered that the amount of Rs. 16730/- be written in place of Rupees 16770/- therein. He observed that no litigant should suffer by an arithmetical mistake committed by the Court. He also held that the application filed by Jagdish Singh was competent and it did not make any difference if he had obviously filed an execution application, which had been dismissed. Against this decision, the vendees have filed the present revision petition.

(3.) THERE is no dispute that according to the compromise, the pre-emption had to deposit only Rs. 16730/- for payment to the vendees and that he had done within the time fixed. It was, however, due to some accidental slip that the amount mentioned in the judgment and the decree-sheet was Rs. 16770/- instead of Rs. 16730/ -. According to Section 152, Code of Civil Procedure, such an error can at any time be corrected by the Court either on its own motion or on the application of any of the parties. The said section says that clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either on its own motion or on the application of any of the parties. The application made by Jagdish Singh was, therefore fully covered by the provisions of this section and the said mistake could be corrected by the learned Senior Subordinate Judge. The impugned order, therefore, in my view was in accordance with law.