A court has the power to amend a decree under Sections 151 and 152 of the Civil Procedure Code to correct clerical or arithmetical mistakes, errors arising from accidental slips or omissions, or to bring the decree in conformity with the intention of the court as expressed in the judgment.

JUDGMENT - 1. The defendant has filed this revision application being aggrieved by the judgment passed by the Extra Assistant Judge, Shri Wankhede, in a miscellaneous Civil Application, which was decided by him. He allowed that application of the plaintiffs ordering that the decree should be amended indicating that the decretal amount shall also be a charge on the suit field.

2. The plaintiffs had filed a suit in the year 1963 for recovery of a sum of Rs. 6136 and also for a charge on the suit field for this sum. Their complaint was that they had sold a field to the defendant on 29-10-1958 for Rs. 5500/-. A sum of Rs. 300/- was paid on that day as earnest money by the defendant. Under the agreement, the defendant was to pay the balance consideration by instalments. He was to pay the first instalment of a sum of Rs. 1300/- on 15-2-1960 and to go on paying Rs. 1300/- every year till the last instalment on 15-2-1963. Because he has not paid any instalment, the plaintiffs had filed this suit for the unpaid price of the field. The trial Court dismissed the plaintiffs suit. Therefore, they went in appeal before the District Court, Nagpur.

3. The plaintiffs succeeded in appeal and the learned Assistant Judge (Mr. Wankhede) who decided also the appeal passed a decree in their favour. It, however, appears that there was an omission in the decree drawn regarding the charge on the field which was the subject-matter of the sale and on account of which the unpaid amount was not paid. The plaintiffs had, therefore, applied under Sections 151 and 152 of the Civil P. C. stating that they had filed a suit not only for the recovery of an unpaid price but also claimed a charge decree on the property. Their contention in the application was that the appellate Court had allowed the appeal and decreed the suit but the decree drawn up did not mention that the decretal amount would be a charge on the property in suit. According to them, this mistake in the decree drawn was accidental and therefore required to be corrected. Their complaint was that the defendant had no other property and it would be impossible to recover the sum unless it is charged on the property. They are entitled to a charge under Section 55 of the Transfer of Property Act. They, therefore, sought an amendment of the decree by this application. The defendant opposed the amendment. The learned Extra Assistant Judge after considering the matter allowed the application and ordered that the decree should be amended saying that the decretal amount shall be a charge on the field in suit. This order is now challenged by the original defendant.

4. The learned advocate for the applicant contends here that the learned Extra Assistant Judge had no jurisdiction to pass an order amending the decree under Section 152 of the Civil P. C. especially when the plaintiffs in their appeal against dismissal of their suit before the District Court did not ask for the charge on the property which was the subject-matter of the sale. According to him, this point was never raised in the appeal and the learned Extra Assistant Judge, therefore, in that appeal did not even give a finding. Therefore, he contends that the learned Extra Assistant Judge was in error when he passed the order that the decree should be amended. On the other hand, the learned advocate for the opponents here contends that the learned Extra Assis-tent Judges order is quite legal and proper, because he set aside the decree passed by the trial Court dismissing his suit, that the learned Extra Assistant Judge allowed their appeal and that, therefore, it must be reasonably inferred that he allowed the reliefs that were asked for in the suit. The relief asked for in the suit was not only the recovery of the sum but also the charge on the property. The learned advocate for the opponents, therefore, says that the order of the learned Extra Assistant Judge amending the decree is quite legal and proper.

5. Now the application on which the learned

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