( 1 ) THIS is a matter arising out of at judgment of this Court in two connected 2nd appeals which were decided by this Court eight years ago. The matter has been raised by the learned Munsif of chandausi before whom an application has been made by the judgment debtors for restitution and for damages on the ground that the decree holder committed a fraud on the court in execution proceedings. In considering this application on merits the learned Munsif had to interpret the decree of this Court passed in 1951 but found that he could not do so because of a clerical error which appeared to him to have crept into the judgment of this Court. He passed an order directing that the file of the matter before him including those of the suits which were decided by this Court in second appeals in 1951 should be sent up to this Court to consider whether the alleged clerical error should be rectified.

( 2 ) AT the outset it may be mentioned that the clerical error referred to above relates to the description of a portion of the property which was in dispute in second appeals decided on 1-5-1951. In his judgment, Sapru, J. observed. "this being so, the position is that the portio