IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. P.V. Rajamannar, Chief Justice and Mr. Justice Panchapakesa Ayyar,JJ.
S.N. Komaraswami Gounden, In re. .....In Re.
C.M.P. No. 1160 of 1950.
Decided On : 22 November 1950
It was contended by the learned counsel for the petitioner that the application was made under section 151 of the Civil Procedure Code which did not apply and also that the landlord should have approached the Rent Controller and not the Appellate Tribunal for an amendment, even assuming that he was entitled to that relief. We see no substance in either of these contentions. It may be that section 151 of the Civil Procedure Code by itself does not apply to proceedings under the Madras Rent Control Act, XV of 1946. But we are of opinion that a quasi-judicial tribunal like the Rent Controller or the Appellate Tribunal has an inherent power to set right mistakes made by inadvertence so long as the amendment does not amount to a review of the adjudication already made. In this case it is not denied that both the landlord and the tenant knew to which property the proceedings related. In fact, when the Rent Controller passed an order of eviction against the petitioner, he filed an appeal to the Appellate Tribunal presumably on the assumption that the proceedings related to the house which he was occupying. It does not lie in his mouth to oppose the present application for amendment. It is true that an amendment of both the orders of the Rent Controller and the Appellate Tribunal was not necessary, because the order of the Rent Controller was merged in the order of the Appellate Tribunal, but we see nothing wrong in making such a direction out of abundant caution.
The application is dismissed.
V.S. ----- Application dismissed.
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