AMMA DAR Vs. AZIZ DAR

JUDGEMENT

(1.) THE Civil revision is directed against the order of the learned Munsiff, Tral, dated 17 -6 -1976, allowing the application of the respondent, herein, under Sections 152/151 of the Code of the Civil Procedure.

(2.) IT appears that in a suit for declaration brought by the plaintiff -respondent against the appellant in respect of the suit land, the parties entered into compromise. A decree was passed on the basis of compromise. When the judgment and the decree were prepared a mistake was noticed therein by the respondent as regards a portion of land wrongly shown in Survey No. 70. Both in the plaint and in the compromise there was mis -description of Khewat No. 70 as survey No. 70 whereas in fact the actual survey No. was 465 in Khewat No. 70. The plaintiff decree holder thereupon sought correction of this mistake both in the judgment and the decree. This application was resisted by the appellant on several grounds, inter -alia, that the application under sections 152/151 C.P.C. did not lie in as much as the respondent, did not seek the correction of any clerical mistake but wanted amendment of a decree in respect of a portion of the land purported to have been recorded in Survey No. 70 that did not figure at all in the suit. The learned Munsiff on consideration of the matter allowed the application and ordered the rectification of the mistake. Aggrieved by this order, the defendant has come up in revision before this court.

(3.) A preliminary objection has been raised by Mr. Trisal, appearing for the respondent that the revision is not competent. The argument is that the order rectifying the mistake has merged in the amended decree and, therefore, the remedy available to the petitioner is to file an appeal against the amended decree and not come in revision before this court. In support of this view reliance has been placed on A.I.R. 1950 Madras, page 15 and 578.