V.R.NEWASKAR
NARAYANDAS JAWAHARMAL – Appellant
Versus
VISHNU GANESH NAMJOSHI – Respondent
( 1 ) THIS is an application under Section 152 or the Civil Procedure Code for amendment of the decree in Civil Second Appeal No. 4 of 1957 passed on 23-41959. The correction is sought on the ground of clerical error in the decree of the trial Court which has persisted in the decree in the aforesaid second appeal, in the decree of the trial court the date of the decision of the Rent Controller's court is mentioned to be 22-12-1953 factually it was not 22-12-1953 but it was 22-121952. This was not disputed. However the learned counsel for the opponent Mr. Saxena contends that the correction cannot now be made as the court should be taken to be functus officio by reason of the fact that the decree which is sought to be amended has been fully satisfied. He relies upon the decision, reported in Pitam lal v. Balwant Singh, AIR 1925 All 556 and Munnuswami v. Hussain Khan Sahib, air 1926 Mad 516 in support of his contention.
( 2 ) MR. Chafekar, who appears for the applicant, however says that although the earlier Allahabad decision in AIR 1925 All 556 has taken that view a different note is sounded in a later decision of the Allahabad High Court in Bechelal v. Hem singh
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