SATBIR SINGH Vs. HAR KAUR

JUDGEMENT

(1.) THIS revision petition has been filed against the order passed by the learned Senior Sub-Judge, Sonepat vide which application moved by the petitioners for setting aside ex parte proceedings was ordered to be dismissed as affirmed by learned Additional District Judge, Sonepat.

(2.) THE petitioners had filed a suit against Smt. Har Kaur daughter of Johri claiming a declaration that they were owners to the extent of 3/4th share out of share of Har Kaur in the land measuring 65 kanals 3 marlas comprised in khewat No. 53 khatoni No. 78 situated in village Tihar Tehsil Gohana. The said suit was declared on the basis of admission made by Smt. Har Kaur in the written-statement as well as in the statement given in the Court. However, subsequently, an application under Section 152 of the Code of Civil Procedure was moved for correcting typographical error on the plea that in the written- statement Smt. Har Kaur had consented to decree for 1/4th share and not 3/4th share and reference was also made to the statement made in the court where confession was given qua 1/4th share only.

(3.) THE petitioners thereafter moved an application claiming that they had no notice of the correction proceedings. However, in the defence a plea was taken that the proceedings under Section 152 of the Code in the presence of the applicants and their counsel and therefore, the order passed was valid. It was also pleaded that the correction made in the decree was only to rectify a clerical mistake and therefore, the application made by the petitioners was not competent. On the pleadings of the parties the following issues were framed :