JUDGMENT :

Both these writ petitions are arising out of an order dated 22.04.2016, passed in two different execution cases i.e. Execution Case No. 52 and 53 of 2006, but pertaining to the similar issues and similar nature of order, passed therein, have been challenged and, as such, both the writ petitions have been heard together and are being disposed of by this common order.

The order dated 22.04.2016 is under challenge by which petition filed under Section 152 of the Code of Civil Procedure for correction of clerical/arithmetical mistake in the decree prepared by the court of the First Additional Judicial Commissioner-cum-Tribunal Judge under Coal Bearing Areas, (A&D Act, 1952), Civil Court, Ranchi, Jharkhand, whereby and whereunder the decree said to have by way of clerical/arithmetical mistake has been committed to the effect that in the present Award, interest has been calculated on the quantum of amount of compensation in lieu of land, solatium @ 30 per cent and 9 per cent and 15 per cent, which meant that the Award granted interest on interest and also meaning thereby, the interest has been granted by computing interest upon interest i.e. on the principle of compoundable interest and therefore, the same being error arithmetical in nature has been sought to be corrected by filing a petition under Section 152 of the C.P.C. but the same has been rejected vide impugned order, therefore, the instant writ petitions.

2. The brief facts of the case of the petitioner, as per the pleadings made in the writ petition, are that the respondents have made an application for reference, not being satisfied with the quantum of amount of compensation by invoking the provision, as conferred under Section 80 of the Land Acquisition Act, 1894 being registered as Reference Case No. 33 of 1987 and 21 of 1987, which was disposed of vide judgment dated 23rd June, 2004 with a direction upon the petitioner/judgment debtor to pay compensation @ Rs.50,000/- per acres, besides 30 per cent additional solatium on the valuation of the land and interest @ 9 per cent per annum for the financial year and 15 per cent per annum for the subsequent years.

Being aggrieved, since the error has been committed in calculating the interest on the subsequent period up to 23.06.2004 and thereafter, deducted the amount of compensation paid by the petitioner is not proper and apart from that, the Tribunal has calculated interest twice, first on row 3 and 4 and again on row 6 and in place of Rs.2,77,950.50/- it has been calculated at Rs.4,20,657.56 (in Ref. Case No. 21 of 87 and in (Ref Case No. 33 of 87) in place of Rs.4,80,709.29/-, it has been calculated at Rs.7,59,480.11/-, which prompted the petitioner to file a petition by invoking the jurisdiction, as provided under Section 152 of the Code of Civil Procedure, but the court below has rejected the said petitions vide order dated 22.04.2016 against which the present writ petitions have been filed.

3. Mr. Amit Kumar Das, learned counsel appearing for the petitioner has raised the issue that the error has been committed in calculating the interest, which is nothing but the interest has been calculated on interest by adding it in the principle amount without deducting the principle amount, paid by the competent authority before a reference and, as such, the trial court ought to have allowed the petition under Section 152 of the Code of Civil Procedure, but in one line, the said petition has been rejected, therefore, the orders impugned are not sustainable in the eyes of law.

4. This Court has heard the learned counsel appearing for the petitioner and appreciated the findings recorded in his argument.

5. This Court deems it fit and proper that before proceeding to by looking into the legality and propriety of the impugned order, to refer to the provision of Section 152 of the Code of Civil Procedure, which reads hereunder