GULZARA SINGH Vs. DEVINDER SINGH

JUDGEMENT

(1.) THE plaintiff-respondents have moved the present application under Sections 152 and 153 read with Section 151 of the Code of Civil Procedure for correcting typographical error or accidental slip in the decree passed by the trial Court on 18.9.1990 affirmed by the learned District Judge on 5.2.1993 and by this Court in second appeal on 7.10.1993.

(2.) IT has been alleged that the applicant-plaintiffs have filed a suit for specific performance of an agreement to sell dated 12.9.1987 and the sale deed dated 22.9.1987 executed by defendant Surinder Singh. The suit was filed with regard to the land measuring 18 Kanals 16 marlas being 488/128th share of defendant No. 1 in the total land measuring 51 kanals 8 marlas. The disputed khasra number was described in the suit as 21/1 (9-9) as per Jamabandi for the year 1984-85. In agreement to sell dated 12.9.1987 the details of khasra number was not mentioned though khata No. 183/288 was mentioned with the total area of the land measuring 51 kanals 8 marlas.

(3.) SAID mistake came to the notice of the plaintiffs during the execution. The plaintiffs, therefore, moved an application under Sections 152, 153 read with Section 151 of the Code of Civil Procedure before the trial court. The learned trial court vide order dated 7.12.1995 passed an order for correcting typographical mistake. Defendants have filed Civil Revision No. 431 of 1998 against the said order. One of the objections in the said revision petition is that the learned trial court i.e. the court of Additional Senior Sub-Judge had no jurisdiction to order the corrections after the judgment of the trial court has merged in the judgment of the learned District Judge.