The court affirmed the Appellate Authority's authority to rectify clerical errors, emphasizing principles under Section 152 CPC.

Order:

Present civil revision petition is filed under Section 24(5) of H. P. Urban Rent Control Act 1987 against the interim order dated 24.02.2016 whereby learned Appellate Authority (I) Kangra at Dharamshala (H.P.) remanded the rent petition to learned Rent Controller(I) Kangra at Dharamshala (H.P.) for limited purpose to correct clerical mistake in memo of parties only relating to rent petition No.08/07/2005 title Sh. Lal Chand Vs. Sh. Ram Parshad and others decided on 26.04.2013.

Brief facts of the case:

2. Sh. Lal Chand s/o Sh. Tulsi Ram landlord filed eviction petition against tenants under Section 14(3)(C) of H. P. Urban Rent Control Act 1987. During pendency of rent petition before learned Rent Controller(I) Kangra at Dharamshala (H.P.) Sh. Ram Chand Mehta co-respondent No.4 died and learned Rent Controller impleaded Smt. Vimla Devi, Sh. Rajesh Mehta, Smt. Chanchla Devi, Smt. Shanta Devi and Smt. Sudha Devi as co- party in rent petition being LRs of deceased Sh. Ram Chand Mehta. Due to clerical mistake in the final eviction order passed by learned Rent Controller on dated 26.04.2013 in the memo of parties name of Smt. Sudha De vi was omitted. Learned Rent Controller evicted tenants from premises on the ground of reconstruction which could not be carried out without eviction of tenants. Learned Rent Controller directed tenants to hand over vacant possession of premises to landlord within three months w.e.f. 26.04.2013. Thereafter against eviction order Smt. Reeta Gupta and other tenants filed rent appeal No.78-D/XIV/13 title Smt. Reeta Gupta and others Vs. Sh. Lal Chand and others.

3. Thereafter during pendency of rent appeal No.78-D/XIV/13 landlord Sh. Lal Chand filed application before Appellate Authority (I) Kangra at Dharamshala (H.P.) under Section 152 CPC for correction of memo of parties in the eviction order and in memo of costs with plea that name of Smt. Sudha Devi be added as co-respondent No.4(v) in memo of parties. Learned Appellate Authority (I) on dated 24.02.2016 held that mistake committed by learned Rent Controller in memo of parties is liable to be corrected by learned Rent Controller. Thereafter learned Appellate Authority (I) Kangra at Dharamshala (H.P.) remanded the matter to learned Rent Controller(I) Kangra at Dharamshala (H.P.) for limited purpose to correct clerical mistake and add name of Smt. Sudha Devi as LR of deceased Sh.Ram Chand Mehta as co-party in eviction order and in memo of costs. Learned Appellate Authority (I) directed that after correction of clerical mistake in memo of parties and memo of costs learned Rent Controller would submit the record to learned Appellate Authority (I) on or before 16.03.2016. Aggrieved against interim order of learned A ppellate Authority (I) dated 24.02.2016 revisionists filed present civil revision petition in H.P. High Court.

4. Court heard learned Advocate appearing on behalf of revisionists and learned Advocate appearing on behalf of non-revisionist No.1 and Court also perused the record of present civil revision petition carefully.

5. Following points arise for determination:

1) Whether civil revision petition filed under Section 24(5) of the H. P. Urban Rent Control Act 1987 is liable to be accepted as mentioned in memorandum of grounds of revision petition?

2) Final order.

Findings upon Point No.1 with reasons.

6. Submission of learned Advocate appearing on behalf of revisionists that learned Appellate Authority (I) has committed grave illegality by way of remitting the case file to learned Rent Controller(I) Kangra at Dharamshala (H.P.) for limited purpose for correcting clerical mistake in memoran