GOVINDI BAI Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) IN a suit filed by the opposite party on the basis of a bond and in the alternative on the basis of ikrarnama, the opposite party prayed in the first instance that a decree be given on the basis of the bond and in that case the amount decreed should be Rs. 1182/4/ -. IN the alternative he prayed that if the previous bond be held to be superseded by the subsequent ikrarnama a decree for Rs. 599/- principal and Rs. 114/4/- interest total Rs. 713/4/- be passed. The learned Civil Judge who tried the case held that the previous bond should not be enforced in view of the subsequent agreement by which it was superseded. He, therefore, gave the plaintiff a decree on the basis of the subsequent ikrarnama. IN the operative portion, however, the learned Civil Judge made a mistake of putting down the amount which was due on the original bond and not on the subsequent ikrarnama which was found to be enforceable.

(2.) THE defendant Mst. Chotti made an application under sec. 152 of the Civil Procedure Code before the Civil Judge that in both the judgments and the decree, an accidental slip has been made inasmuch as the figure of Rs. 1182/4/- had been put down in the operative portion in place of the figure of Rs. 713/4/ -. THE learned Civil Judge, however, dismissed the application on the ground that the decree was in conformity with the judgment and could not, therefore, be corrected under sec. 152 Civil Procedure Code. Against this order the defendant Mst. Chotti came in revision to this Court. Pending the revision Mst. Chotti died and her daughter Mst. Govindi has been brought on the record without any objection on behalf of the opposite party.