WAJIR SINGH Vs. SATBIR SINGH

JUDGEMENT

(1.) THIS revision is directed against the order dated 14.5.2008 passed by the learned Civil Judge (Sr. Divn.), Rohtak vide which application moved by the petitioner for change of khewat, khatoni and Killa numbers in the proposed sale deed, has been ordered to be dismissed.

(2.) THE petitioner succeeded in a suit for specific performance and submitted a proposed sale deed for registration. It was the case of the petitioner that it has come to his notice that duirng the pendency of the execution the judgement debtor and the co-sharers have got their land partitioned and new numbers of khewat and khatoni have been allotted to the judgment debtor qua whom the agreement to sell was executed. The petitioner therefore sought that Khewat, Khatoni and Killa numbers in the proposed sale deed be changed by new numbers. The copy of the mutation was also placed on record.

(3.) SUBSEQUENTLY , in Mohinder Singh's case (supra) this Court ordered the correction of khasra number wrongly mentioned in the plaint. Still later in Har Chand Singh's case (supra) this Court found that Section 152 of the Code deals with two kinds of situations firstly correction of clerical or arithmetical mistake of judgments, decrees or orders and secondly errors arising in those judgments and decrees from any accidental slip of omission. Such mistake or slips may at any time be corrected by the court either or its own motion or on the application of any of the parties. The court held that errors in the plaint followed by the decree has occasioned from an accidental slip or omission may be at the time of drafting of the plaint on the basis of incorrect jamabandi provided by the revenue authorities. It was, thus, held that the second part of the section deals with an error which is not at the instance of the court but could have been occasioned by some outside agency as well.