RAM CHANDAR Vs. JAI MAL

JUDGEMENT

(1.) The plaintiff obtained a preliminary decree for sells on a mortgage on the 22nd of January, 1917, According to that decree the mortgagors were given time up to the 22 March, 1917 to pay in the decretal amount. On the 22nd of February, 1917, the plaintiff applied to the Court stating that by a mistake in the office Rs. 2,350.9 0 had been entered in the decree, whereas, according to the judge. man, Rs. 2,456-9-0 should have bean the figure. This application was allowed and the figure Rs. 2,350-9-0 was struck out and Rs. 2,486-9-0 substituted in its plate. This was on the 28 of April 1917., On the 28 of April 1920 the plaintiff applied for preparation of the final decree. On objections by the defendants the application was dismissed as being time-barred. It is admitted that Art. 181 of the Schedule to the Indian Limitation Act applies, that is to say, that an application such as this, for the preparation of a final decree, must be made within three years from the time "when the right to apply accrues."

(2.) It is argued on behalf of the appellant that the right to apply did not begin until the 28 of April 1917 when the decree was amended. It seems to us that the right: to apply accrued on the 22 March, 1917 and that inasmuch as this application was made more than three years after that date, it was time barred. In our opinion there was no alteration in the decree. It cannot be said that the decree as amended on the 28 of April 1917, was a new decree. The mere fact that by a clerical error, a wrong sum had been entered) does not affect the case any more than if by a mistake the name of one of the parties had been misspelt.

(3.) In our opinion, none of the cases relied on, on either side, in the Court below have any application.