MD. AKBAR ALI KHAN Vs. PARASMANI DEVI

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This application has been filed under Article 227 of the Constitution of India has been filed by the petitioner for setting aside the order dated 20.02.2018 passed by the learned Sub-Judge1, Purnea in Misc. Case No.3 of 2016 whereby the application of the petitioner for making certain corrections in the decree passed in Title Suit No.267 of 1999 has been rejected.

(3.) Learned counsel for the petitioner contended that there is discrepancy in the area of plots mentioned in the decree passed in Title Suit No.267 of 1999. He has contended plaintiffopposite parties (respondent herein) did not appear in Misc. Case No.3 of 2016 despite repeated notices and substituted services effected upon him. Hence, the Misc. Case No.3 of 2016 proceeded ex parte for hearing. In absence of any objection with regard to the proposed correction in the decree by the plaintiff-opposite parties, the court below ought to have allowed the application filed by the petitioner. It has erred in exercising the jurisdiction conferred upon it in effecting correction in clerical errors crept in regard to description of the land in the decree.