MADANLAL Vs. KHUSHI RAM

JUDGEMENT

(1.) This is a civil revision petition against the order of learned Civil Judge, Alwar dated 3-5-1982, by which the application of the petitioner under O.47 and S.151, C.P.C. was dismissed (Civil Misc. Application No. 79/80)

(2.) A suit for pre-emption was instituted in the trial Court, which was partially decreed. The suit was decreed in respect of the portion which was valued by the trial Court at Rs. 4000/- and the claim of the petitioner regarding the portion valued at Rs. 1800/- was rejected. However, the learned Civil Judge omitted to mention the date up to which the aforesaid amount as per the provisions of S.13 of the Rajasthan Pre-emption Act, 1966 and O.20, R.14, C.P.C. was to be deposited. Therefore, an application for rectification in the decree was moved on 20-2-80. This application of the petitioner was rejected by the trial Court on the ground that since the appeal has been filed, therefore, the application could not be entertained.

(3.) Shri R.K. Mathur, learned counsel for the petitioner has contended that it was the duty of the trial Court to have mentioned the date by which the amount had to be deposited and it had ample powers under Ss. 151/152, C.P.C. as also under O.47 to rectify this mistake, so that the petitioner could deposit the amount as decided by the court.