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2022 Supreme(Cal) 811
IN THE HIGH COURT OF CALCUTTA
Bibek Chaudhuri, J.
Dropadi Fabrics And Others - Appellant
Versus
Kushal Saraf And Others - Respondent
CRA/201 of 2019 and CRA/245 of 2019
Decided On : 20-04-2022
Md, Sabir Ahmed, Advocate, Mr. Ajit Kumar Mishra, Advocate, for the Appellant.
The main legal point is the court's authority to make corrections to a judgment to rectify omissions and errors.
Headnote:
Order - Correction of Judgment - The court made corrections to a previous judgment to include the setting aside of the judgment passed by the Metropolitan Magistrate, and to rectify the name of the advocate appearing for the appellant.
Fact of the Case:
The court made corrections to a previous judgment to rectify the omission of setting aside the judgment passed by the Metropolitan Magistrate and to correct the name of the advocate appearing for the appellant.
Finding of the Court:
The court found that the judgment passed by the Metropolitan Magistrate needed to be set aside and that the name of the advocate appearing for the appellant needed correction.
Issues: The issues involved the omission of setting aside the judgment passed by the Metropolitan Magistrate and the incorrect recording of the advocate's name.
Ratio Decidendi: The court decided to incorporate the necessary corrections in the judgment and to delete the previous judgment from the server, replacing it with the corrected version.
Final Decision: The final decision was to make the necessary corrections to the judgment and to upload the corrected version after deletion of the previous judgment from the server.
ORDER
1. It is submitted by Md. Sabir Ahmed, learned Advocate for the appellant that by a common judgment dated 28th March, 2022 two appeals being CRA No.201 of 2019 and CRA No.245 of 2019 were heard and disposed of. Both the appeals were allowed and judgments and orders of acquittal passed in two separate cases, against which the above-mentioned appeals were filed, were set aside. However, in Page 6 of the judgment passed by this Court, inadvertently the order of setting aside of the judgment passed by the Metropolitan Magistrate, 20th Court, Calcutta in CN/0092442 of 2016, corresponding to T.R.No.5816 of 2016 dated 29th November, 2018 was not recorded.
2. In view of such circumstances, the following paragraphs be made part of the judgment dated 28th March, 2022:-
'The judgment and order of acquittal passed by the learned Metropolitan Magistrate, 20th Court, Calcutta in CN/0092442 of 2016 corresponding to T.R. No.5816 of 2016 dated 29th November, 2018 is liable to be set aside. CRA 245 of 2019 is accordingly allowed.'
3. The above mentioned paragraph be made part of the judgment dated 28th March, 2022 and the same be incorporated in the judgment dated 28th March, 2022. The judgment passed by this Court which was uploaded in the server be deleted and after necessary correction, the fresh judgment duly signed by this Court be uploaded in the server.
4. It is also submitted by Mr. Ahmed that the name of the Advocate, appearing on behalf of the appellant was wrongly recorded as Mr. Ajit Kumar 'Mitra' instead of Mr. Ajit Kumar 'Mishra'. Necessary correction be made in the judgment dated 28th March, 2022.
