ATMARAM BHAWANT Vs. COLLECTOR OF NAGPUR

JUDGEMENT

(1.) THE applicant desires this Court to take certain steps with reference to a decree of His Majesty in Council. On a reference made to the Additional District Judge, Nagpur, the applicant was awarded a certain sum as compensation for land acquired by Government. On appeal to this Court this sum was substantially reduced; the applicant appealed to the Privy Council and it was directed that the order of the District Judge should be restored.

(2.) THE first request of the applicant is that a clerical error apparent on the face of the record may be corrected. It is clear from the opinions expressed by their Lordships of the Privy Council in Abdul Majid v. Jawahir Lal A.I.R. 1914 P.C. 66 that the only order which can now be executed is the order of His Majesty in Council; the order can then be amended only by His Majesty in Council. We add that the Solicitors of the applicant have addressed the Legal Adviser's Department of the India Office asking for a statement in writing regarding the alleged clerical error in order that the error should be rectified. We consider that the only course open to the applicant is the one which his Solicitors proposed to take, namely, to ask His Majesty in Council to rectify the error.

(3.) THE next request of the applicant is that an addition should be made to the order regarding costs passed by this Court of the ground that there is an accidental omission. For the reasons given above the addition cannot now be made by this Court.