PRITHBI KAMANT Vs. T KHIKHARI

JUDGEMENT

(1.) Heard learned counsel for the petitioners who are heirs of Defendant No. 1 of Title Suit No. 181/1988. The said suit was filed by plaintiff-O.P. Mo. I for declaration of 1/3rd share in the suit property and also for declaration that the sale-deed dated 29.5.1981 was collusive, inoperative and not binding upon the plaintiff and also for a declaration that the survey entries in the name of the defendants were null and void.

(2.) The aforesaid suit was decided by Additional Munsif-II Saharsa, by judgment dated 30.6.1997, the operative portion of which reads as follows :--

(3.) In the aforesaid circumstances, the plaintiff-O.P., Mostt. Khikhari filed a petition under Section 152, CPC on 18.8.2003 before the trial Court for correction of the Preliminary Decree on the ground that it was a clerical mistake. This petition has been allowed by the impugned order dated 3.9.2003 by the learned Additional Munsif-II, Saharsa, in the above mentioned title Suit No. 181/1998.