IN THE HIGH COURT OF ALLAHABAD
V. K. Mehrotra, J.
RAM BHAROSEY LAL - Appellant
Versus
RAMESHWAR DAYAL CHAKKIWALA - Respondents
Civil Revn. 2062 Of 1977
Decided On : 11/01/1983
CIVIL PROCEDURE CODE - SECTION 153-A - POWER TO AMEND DECREE OR ORDER WHERE APPEAL IS SUMMARILY DISMISSED - CORRECTION OF DECREE - JURISDICTION OF SUPERIOR COURT - OBJECTS AND REASONS OF THE BILL - INTERPRETATION.
Fact of the Case:
A decree was passed by the trial court and affirmed by the High Court. However, there was an error in the decree prepared by the trial court, which was later corrected by the trial court. The judgment-debtors challenged the correction in a revision before the District Judge, but the revision was dismissed. The decree-holder then filed an application for execution of the decree, but the executing court held that the trial court had no jurisdiction to make the correction and that the decree could not be executed.
Finding of the Court:
The High Court held that Section 153-A of the Civil Procedure Code, which was introduced to resolve the conflict of opinion among High Courts as to whether the appellate court or the trial court could direct the correction of a decree, is enabling in character and permits the court of first instance to correct an error in the decree even after it has been affirmed by a superior court. The High Court also held that the Objects and Reasons of the Bill, which resulted in the introduction of Section 153-A, cannot be used to curtail the ambit of power contained therein.
Issues: 1. Whether the trial court had jurisdiction to correct the decree after it had been affirmed by the High Court. 2. Whether the decree could be executed in the absence of the correction.
Ratio Decidendi: 1. Section 153-A of the Civil Procedure Code is enabling in character and permits the court of first instance to correct an error in the decree even after it has been affirmed by a superior court. 2. The Objects and Reasons of the Bill, which resulted in the introduction of Section 153-A, cannot be used to curtail the ambit of power contained therein.
Final Decision: The High Court directed that the decree of the trial court be corrected in the manner in which it was corrected by the trial court by its order dated May 15, 1975.
( 1 ) RAM Bharosey Lal, who is applicant before this Court in the present revision under Section 115, C. P. C. obtained a decree for rejectment of Ram-eshwar Dayal Chakkiwala as well as ashok Kumar, the two opposite parties in this revision. This was on April 23. 1975 and related to a house of which description, with reference to boundaries, was also contained in the plaint. The decree was assailed in this Court but affirmed However, there was an error in the decree prepared by the office of the first court, inasmuch as, the boundaries of the house were not mentioned therein. The decree-holder then made an application for correction of this error and the trial court, by its order dated May 15, 1975, directed the correction to be made. The correction was actually made on May 16, 1975. An application to recall the order of correction made by the judgment-debtors was rejected. Therefore, they assailed the order of correction in a revision before the District Judge but the revision was dismissed on the ground that it was not maintainable. The order in this regard was passed on August 25, 1975.
( 2 ) IN Sept. 1975 the decree was put into execution and an objection was filed by the judgment-debtors therein saying that the trial court had no jurisdiction to make the correction as the decree passed by the trial court has merged in the decree passed by this Court on May 8, 1975. It was also said that in case the correction made by the court below in the decree by specifying therein the boundaries of the house was without jurisdiction, it had to be ignored and further that in absence of the description, the decree could not be executed. The matter was decided by the executing court by its order of July 12. 1977. The learned Civil Judge, who heard the matter, after discussing the legal position and referring to several decisions in an elaborate order took the view that the trial court did not have any jurisdiction to effect correction in the decree after it had been affirmed by this Court. Consequently he held that the decree could not be executed Aggrieved by this order, the decree holder has come to this court in the present revision.
( 3 ) AT the hearing of the revision, it was suggested by the learned counsel for the applicant that without going into the merits of the view taken by the executing court, this court may now permit correction of the decree dated April 23, 1975 so that the decree-holder may proceed to execute the decree for which the limitation is still available. He relied upon the decision of this court in the case of Bhagwant Singh v. Bhao Singh, (AIR 1932 All 337) in support of his plea. In that case an application in revision came to be treated as an application made before the High court itself for correction of the decree where the matter was pending. Sri Triloki Nath, for the judgment-debtor, has urged that the course suggested by the counsel for the decree-holder would not be in accordance with law for Section 153-A, C. P. C. as added by Parliament by Act No. 104 of 1976, precluded this Court from making such correction. The submission is not well founded. Section 153-A is in the following terms:
"153-A. Power to amend decree or order where appeal is summarily dismissed. Where an appellate Court dismisses an appeal under Rule 11 of Order XLI, the power of the court to amend, under Section 152, the decree or order appealed against may be exercised by the court which had passed the decree or order in the first instance, notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order as the case may be, passed by the court of first instance. "
( 4 ) ON its language, this provision is enabling in character which permits the court of first instance also to correct an error in the decree irrespective of the fact that the decree had merged in the decree of a superior court. The provision does not divest the superior court, of its jurisdiction to effect correction in the
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