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1980 Supreme(Gau) 16

K.LAHIRI
Assam Tea Corporation Ltd – Appellant
Versus
Narayan Singh and another – Respondent


Advocates Appeared:
D.C. Mahanta and Mrs. B. Dutta

Judgement

Palpable mistake had been committed by the officers of the Court wherefor the decree had been wrongly drawn in Title Suit No. 92 of 1977. The plaintiff sued for declaration of right, title, interest and delivery of khas possession, in respect of 198 sft, of land equivalent to 1.37 lechas covered by Dag No. 558 (part) in Patta No. 59/3, 63/29, 90/186 of Fee Simple Grant Cinnamara, Mouza Garamur. The suit was decreed. But while drawing up the decree, the area of the suit land was wrongly shown as 160 sft. i.e. equivalent to 1.11 lechas. All other descriptions reflected in the decree were correct except in the mistake in the area. The error was detected by the plaintiff and it made an application under S.152 C.P.C. but the same was turned down by the learned Munsil, on the assumption that he had no jurisdiction to rectify the mistake. Section 152 reads as follows :

"152. Amendment of judgments, decrees or orders.- Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties."

The basis of the secti





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