The judgment emphasizes the court's inherent power to rectify accidental slips or omissions in judgments, decrees, or orders, as provided under Sections 151, 152, and 153 of the Civil Procedure Code.

Sanjay Karol, J.

Plaintiffs’ application, so filed under the provisions of Sections 151, 152 and 153 of the Code of Civil Procedure, seeking amendment of the judgment and decree dated 31.07.1997 passed by Sub-Judge (I) Dharamshala in Civil Suit No. 154/91, titled as Madan Lal & others Versus Nikko Ram & others, as affirmed/amended vide judgment and decree dated 14.07.1998, passed by learned District Judge, Dharamshala, in Civil Appeal No. 77-D/XIII-1997, titled as Nikko Ram & others Versus Madan Lal & others, stands rejected by the Court below vide order dated 12.01.2004 in Civil Misc. Application No. 303/03, titled as Madan Lal & others Versus Nikko Ram & others.

2. Operative portion of the decree sheet dated 31.07.1997 reads as under:-

“…the suit of the plaintiffs succeeds and is decreed by passing a decree to the effect that the plaintiffs have become owner of the suit land comprised in Khata No. 121, Khatauni No. 302, Khasra Nos. 663, 664, Kita 2 measuring 0-33-43 hects., land revenue Rs.3.22, jamabandi for the year 1984-85, situated at Mohal Kadyal Mauza Lunj, Tehsil & District Kangra, by way of adverse possession and defendants are restrained from causing any interference with the peaceful possession of the plaintiff over the suit land by passing a decree of permanent, prohibitory injunction. No order as to costs”. (Emphasis supplied)

3. In terms of the application in question, plaintiffs want two more Khasra numbers i.e. 667 and 668 to be incorporated in the decree sheet, which were allegedly left out on account of typographical mistake or clerical error.

4. Significantly, in the defendants’ appeal judgment and decree passed by the trial Court stand affirmed.

5. For just and proper appreciation of the controversy in issue, relevant paragraph of the application is reproduced as under:-

“4. That the suit of the applicants was decreed by Sub Judge but then Sub Judge has omitted to mention a part of suit land i.e. Khata no. 122, Khatauni no. 304, Khasra nos. 667 and 668 land measuring 0-08-27 hects. in the judgment and decree. And the Hon’ble District Judge has also omitted the same as the same was omitted in judgment and decree of trial court. The omission to mention part of suit land was occasioned due to accidental slip or clerical error as the court never intended to pass judgment and decree in this manner since the suit of the applicants was decreed”.

And response thereto so filed by the defendants reads as under:-

“4. Paragraph 4 of the application is correct that suit has been decreed but the correction as prayed for cannot be ordered to be carried out. The Hon’ble Court has no jurisdiction to order the correction as prayed for. The mistake is not accidental slip or clerical error. No rectification of the judgment and decree can be ordered”.

6. Evidently the accidental slip/clerical error on the part of the adjudicatory authority is the ground on which correction is sought for.

7. The Court below has rejected the application on three grounds: (i) no appeal against the decree was preferred; (ii) applicants failed to get the judgment in question reviewed; and (iii) from the operative portion of the judgment or decree it could not be inferred as to whether the trial Court had decreed the suit qua Khasra Nos. 667 and 668 or not.

8. At this juncture, it be also observed that the Court, partly allowed the application, in correcting the name of the Mohal from Kanbyal to Kalar, being the second prayer made by the applicants in the very same application.

9. Sections 151, 152 and 153 of the Code of Civil Procedure read as under:-

“151. Saving of inherent powers of Court.—Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice, or to prevent abuse of the process of the Court.

152. Amendment of judgments, decrees or orders.—Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accide