The main legal point established in the judgment is that the Court has the inherent power to correct mistakes in sale documents under S.151 and 153 of the Code of Civil Procedure, ensuring justice and preventing unnecessary expense and inconvenience to parties.

S. Sankarasubban, J..

Both these Civil Revision Petitions arise from a common order and hence they are being disposed of together. C.R.P. No. 579 of 1997 is filed against the order in E.A. No. 181/96 in E.P. No. 160/91 in O.S. No. 91/81 of the Sub Court, Thalassery while C.R.P. No. 898/97 is filed against the order in E. A. No. 180/96 in the same proceedings. C.R.P. No. 579/97

2. First respondent Bank is the decree holder. The suit was filed against respondents 2 and 3 for recovery of amount on the basis of mortgage. In this Civil Revision Petition, we are concerned with one item of property. That item is decree schedule item 3. Decree schedule item 3 belongs to the second defendant. Item 3 described in the decree as follows:

"Item No. 3:-District Sub-District Taluk

Amsoin Desom Survey Re-Survey Extent

sq. metres)

Cannanore

- Tellicherry

Tellicherry

Thiruvangad

- Vayalalani

- 4/4A3

- 8/1 '

- 2 Acres 65 cents (i hector 07 areas 24

Description: -Jamayil ParachaKandathitte Vadakke Chirayum KelUnnuThazheKayippadu EnnaPerayaparappillottaKaiicfcunNilavimiNila]hihiinnuKihdiuyarUiiUndiikkiyaNadakallum, Nadakkal,Qiirakkal,HliukalilKizhikoorukalum, Velu'kanani Muthalaya Sarvathum.

Thack-1. Boundaries:

East - MooliNilamand2ndThackNilam.

South - MooliNilam

West - ChirakkaraThazhani Nilam.

North - Nadavaramba.

Thack No. 2- Boundaries:

East - 3rdThackandMooliNilam.

South - MooliNilam

West - 1st Thack

North - Nadavaramba.

ThackNo. 3-Boundaries:

East - Thodu

South - M(x>liNilain

West - Mooli and 2nd Thack

North - Nadavaramba."

The above item was included in the proclamation schedule as item 2. The entire area of this item is 2 acres and 65 cents in R.S. No. 8/1 of Thalassery Sub-District, Kannur District. The extent of 2 acres and 65 cents lies in three thacks and the decree schedule gives the boundaries of all the three thacks. In the proclamation schedule, the area of this item was given. But by a mistake only the boundaries of thack 1 were given. The Boundaries of thack 2 and 3 were omitted. Under R.330 of the Civil Rules of Practice, an affidavit was filed by the decree holder stating that this property belongs to the second respondent and its value was Rs. l lakh. The above property was sold on 3.6.1993 and the same was purchased by the present revision petitioner. The sale was confirmed on 20.9.1993 and the 2 acres and 65 cents were delivered to the petitioner on 2.12.1993. Later it was found that since the sale certificate gives the description of only one thack, the petitioner filed the present application, viz., E. A. No. 181/96 for amending the sale proclamation, certificate of sale and the delivery account by incorporating part of the details relating to item No.1 in the decree schedule, which was omitted in those documents. The second judgment debtor filed objections to the application. The trial court after considering the objections, dismissed the application.

C.R.P. No. 898/97

3. An application was filed by the petitioner to amend the proclamation schedule, sale certificate and the delivery account with regard to decree schedule item 1. The decree schedule item 1 actually belongs to the first defendant. The decree states that: In the proclamation it was stated that the property belongs to the second defendant. The property was sold and the same was purchased by the petitioner in C.R.P. No. 898/96. This property has got an extent of 2 acres and 52 cents. After the petitioner took possession of the property, the first judgment debtor tiled O.S. No. 51/94 for a declaration that his right, title and interest over decree schedule item 1 was not passed by the Court sale. It was then that he realised that there was a mistake in the sale certificate. Hence E.A. No. 180/96 was filed under S.153 of the Code of Civil Procedure for amending the proclamation schedule, sale certificate and delivery account by substituting the words' 'instead of 'rasneoo injarilThe first judgment debtor filed objections to this and after hearing the parties, the court below d