MOHINDER SINGH Vs. TEJA SINGH

JUDGEMENT

(1.) Teja Singh, Harbhagat Singh, Firu, Saudagar Singh and Karnail Singh filed a suit for possession of the land measuring 12 kanals comprising of kila Nos. 17 and 20, rectangle No. 15, khewat No. 95 and khatauni No. 251 as per entries in the jamabandi 1966-67, situate in village Galowal, Tehsil Dasuya, in a representative form, alleging that the land belonged to them and other owners of the village, a list of which was attached with the plaint. The suit was decreed by Sub-Judge 1st Class, Dasuya, vide judgment dated 31-5-1973.

(2.) In the execution proceedings filed by the decree-holders, warrant for possession of the land was issued, but it could not be executed as khasra number was not correctly recorded in the decree-sheet. The decree-holders submitted an application in the Executing Court for the correction of the khasra number and for the issue of a fresh warrant but it was found that khasra No. 20 was correctly given in the decree-sheet in accordance with the plaint. The decree-holder then prayed that in fact the khasra number in the revenue record was 24 and it was wrongly recorded as 20, therefore, correction be made in the plaint, judgment and the decree-sheet under S. 152, Civil P.C.

(3.) The prayer made by the decree-holders was contested by the judgment- debtor and his counsel urged that under S. 152, Civil Procedure Code, the Court is only empowered to make corrections of clerical mistakes in the judgment and decree-sheet and that the mistakes occurring in the pleadings cannot be corrected.