JUDGMENT :

A.K. Rath, J.

The sole question that arises for consideration is as to whether the decree can be corrected by the Court under Section 152 CPC, when there is no clerical or arithmetical mistake or error arising from any accidental slip or omission, but the mistake has been committed by the litigating parties.

2. The petitioner as plaintiff instituted Title Suit No.30 of 1992 before the learned Civil Judge (Junior Division), Phulbani for permanent injunction impleading the predecessors-in-interest of opposite parties 1 and 2 as defendants. In the schedule of the plaint, the suit schedule property has been described as khata no.16, plot no.753, measuring an area Ac.0.20 decimal of mouza-Jiringapada. The suit was decreed. Thereafter the plaintiff levied execution case, being E.P.No.1 of 2004. The executing court refused to execute the decree since khata number was wrongly mentioned. Assailing the order of the executing court, he filed W.P.(C) No.14601 of 2005. The said petition was withdrawn so as to file an appropriate application in the executing court. This Court observed that if an application under Section 152 CPC is filed, the same shall be considered by the executing cou