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1934 Supreme(All) 196

BENNET
Chinta Mani – Appellant
Versus
Debi Prasad – Respondent


ORDER

Bennet, J. - This is an application in civil revision brought by a plaintiff-decree holder against an order of 10th August 1933, of the Deputy Commissioner of Garhwal. The facts are that there was a suit brought by the plaintiff, the present applicant, asking for the cancellation of a deed of gift and a declaration that a deed of gift did not affect his rights. This suit was dismissed with costs on 29th November 1929. A first appeal was brought by the plaintiff and was decided by this Court on 17th November 1932, and was dismissed with costs. Subsequently on 10th May 1933, the defendant made an application to the Subordinate Judge to amend the decree, the application being u/s 152, Civil P.C., on the ground that there was a clerical or arithmetical mistake in the decree. The mistake in question was in regard to the fee allowed to the successful defendant. The valuation of the suit was Rs. 6,000. The percentage admissible on this was Rs. 270, but the decree contained Rs. 6.4-0 only. The Court without issuing notice to the plaintiff amended the decree on 26th June 1933. On 13th July 1933, the plaintiff made an application to the Court asking the Court to review its order on the

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