SURINDER PARKASH DHIR Vs. GURCHARAN SINGH GANDHI

JUDGEMENT

(1.) C .M. No. 18275-CII of 2000 is allowed as prayed for.

(2.) PETITIONER Surinder Pal Dhir has filed the present civil revision under Article 227 of the Constitution of India and has prayed for setting aside the order dated 22.4.1993 passed by the Court of Sub Judge Ist Class, Chandigarh on the application under Sections 151, 152 and 153 C.P.C. for the correction of the judgment and decree-sheet.

(3.) THE learned counsel for the petitioner submitted that the opposite party is a lawyer. He exercised his influence upon the Presiding Officer, as a result of that the date has been tampered with in the judicial record. Also it was pleaded by the petitioner that the application under Sections 152/153 CPC has been illegally allowed by the trial Court to the disadvantage of the petitioner. In support of his contention, the learned counsel for the petitioner referred to the certified copy of the interim order dated 23.11.1992 which prima facie shows that at one point of time the Presiding Officer wanted to adjourn the case for 27.11.1992 but then decided to adjourn the case to 26.11.1992. On the basis of this certified copy of the order dated 23.11.1992 the petitioner has further built up a case by referring to the cause list of 27.11.1992 that the case was shown in the cause list of 27.11.1992 and this prima facie strengthens the stand of the petitioner that from 23.11.1992 the case was actually adjourned to 27.11.1992 and was never posted for 26.11.1992. Also, it is the grouse of the petitioner that earlier the Court granted alternative relief to the plaintiffs but later on a decree for specific performance was passed vide order dated 22.4.1993. This type of order does not fall within the meaning of Sections 152/153 CPC.