Hinnihamy Et Al., V. Carolis

1948 Present : Jayetileke and Wind bam JJ.
 
HINNIHAMY et al, Appellants, and CAROLIS,
Respondent.
 
S. C. 151-D. C. Galle, 2,257.

Civil Procedure Code-Amendment of decree-Settlement between parties-Consent order-Mistake made by Counsel in stating terms of settlement-Power of Court to amend-Section 189.
 
A Court has power, under section 189 of the Civil Procedure Code, to correct an error in an order made of consent between the parties which has been due to a slip on the part of Counsel in stating the terms of settlement to Court.
 
APPEAL from a judgment of the District Judge, Galle.
 
C. V. Ranawake, for the defendants, appellants.
 
H. W. Jayewardene, for the plaintiff, respondent.

Cur. adv. vult.

 April 5, 1948. JAYETILLAKE J.-
 
The plaintiff instituted this action against the defendants for a declaration of title to :-
 
(1) an undivided half share of Hettigoda Malaria Cumbura,
 
(2) an undivided half share of Hettigoda Mulanawatte,
 
(3) an undivided 1/12 share of Hettigoda Mulana.
 
He alleged that the 2nd defendant became entitled to the said shares on the death of her husband and that he purchased the same from her in 1926.

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