Sinno Appu V. Andris Et Al.,

Present : The Hon. Sir Joseph T. Hutchinson, Chief Justice,
and Mr. Justice Middleton
 
SINNO APPU v. ANDRIS et al.

D. C. (Testamentary), Galle, 8,510.

Clerical error in judgment repeated in decree-Court has power to amend decree-Judgment of lower Court affirmed on appeal-Supreme Court alone can alter clerical errors in its decree-Civil Procedure Code, s. 189.

If a Court is satisfied that there is a clerical error in its decree it is bound to correct it, and the fact that there is the same clerical error in the judgment upon which the decree is founded cannot make any difference, even though the result is that the decree as amended is at variance with the judgment. If the judgment contains a mistake in addition, which mistake is repeated in the decree, or if it contains a clerical error which is repeated in the decree, the decree ought to be amended.

Where, however, a decree of a lower Court is affirmed on appeal, the decree becomes a decree of the Supreme Court, and the lower Court has no jurisdiction to amend it.

THE facts of this case are fully set out in the judgment of the Chief Justice as follows: -

This is an appeal b

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