ORDER :

Mahendar Kumar Goyal, J. - This revision petition is directed against the order dated 19.01.2023 passed by the learned Upper Civil Judge No.2, Jaipur Metropolitan-I, Jaipur (for brevity "the learned executing Court") in Case No.41/2022 whereby, an application filed by the applicants/judgment debtors/defendants (for short "the defendants") under Section 152 read with Section 151 CPC, has been dismissed.

2. The relevant facts in brief are that in the execution petition filed by the respondent/decree-holder/plaintiff (for brevity "the plaintiff") for execution of the decree dated 21.01.2013 passed by the learned Upper Civil Judge (Junior Division) No.2, Jaipur Metropolitan-I, Jaipur (hereinafter referred to as "the learned trial Court") in Civil Suit No.182/2011 whereby, the decree-holder was held entitled for the second selection scale of 5500-150-8000, i.e., the pay scale of the next promotional post of Traffic Inspector, claiming that the plaintiff was not entitled for the aforesaid selection scale, an application under Section 152 read with Section 151 CPC was filed by the defendants praying therein that the decree be modified/corrected accordingly. The application has been dismissed by the learned executing Court vide order dated 19.01.2023.

3. Assailing the order dated 19.01.2023, learned counsel for the defendants submits that since, no pay scale of 5500-150-8000 exists in the defendant-Corporation, the decree directing its payment deserved to be rectified. He, therefore, prays that the revision petition be allowed, the order dated 19.01.2023 be quashed and set aside and the application filed by them under Section 152 read with Section 151 CPC be allowed.

4. Per contra, learned counsel for the decree-holder opposed the prayer.

5. Heard. Considered.

6. In the present case, correction/modification in the decree dated 21.01.2013 is sought on the ground that the selection scale awarded to the plaintiff therein is not available under the Rules. A perusal of the judgment dated 21.01.2013 passed in Civil Suit No.182/2011 reflects that the issue No.1 was framed specifically to the effect as to whether the plaintiff is entitled for the pay scale of 5500-150-9000, i.e., the pay scale of next promotional post, the Traffic Inspector as second selection scale on completion of 18 years of service and after appreciating the evidence on record especially the admission by Shri. Babu Lal Gupta (DW-1), finding on this issue was returned in favour of the plaintiff and it was held that he is entitled for the pay scale of next promotional post, i.e., the Traffic Inspector in the pay scale of 5500-150-9000. The civil first appeal preferred thereagainst by the defendants with the specific plea that the plaintiff was not entitled for the benefit of the pay scale of the Traffic Inspector on completion of 18 years of service, came to be dismissed by the learned Additional District Judge No.14, Jaipur Metropolitan vide judgment and decree dated 29.09.2016. The Civil Second Appeal No.40/2017 preferred thereagainst by the defendants too came to be dismissed by this Court vide its judgment dated 02.04.2018. The Special Leave Petition (Civil) Diary No(s). 36490/2018 filed by the defendants was also dismissed by the Hon'ble Supreme Court of India vide its order dated 02.11.2018.

7. In view of the aforesaid factual backdrop, it is apparent that under the decree dated 21.01.2013, the plaintiff has been held entitled for the selection scale of 5500-150-8000 on the basis of findings recorded by the learned trial Court vide issue No.1 upheld and confirmed by the Hon'ble Apex Court of India.

8. Now this Court proposes to examine as to whether such decree can be modified/corrected under section 152 CPC on the premise that no such pay scale exists under the Rules. section 152 CPC provides as under:-

"152. Amendment of judgments, decrees or orders.-Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental