Skip to content


The Assam Tea Corporation Ltd. Vs. Narayan Singh and anr. - Court Judgment

LegalCrystal Citation
Subject;Civil
CourtGuwahati High Court
Decided On
Case NumberCivil Revn. No. 67 of 1979
Judge
ActsCode of Civil Procedure (CPC) , 1908 - Sections 152
AppellantThe Assam Tea Corporation Ltd.
RespondentNarayan Singh and anr.
Advocates:D.C. Mahanta and B. Dutta, Advs.
DispositionPetition allowed
Excerpt:
- - 118) -(an act of the court shall prejudice no man). the maxim is founded on justice and good sense and affords a safe guide for the administration of justice. however, the learned munsiff has completely failed to exercise his jurisdiction vested in him by law and rendered the order dated 22-3-1979. 4. in the result, i set aside the impugned order and direct the learned munsiff to cause correction of the decree under section 152 of the civil procedure code......arising therein from any accidental slip or omission. the court has unlimited power, once it finds that the mistake is clerical or arithmetical or it is accidental slip or omission. 3. in the instant case, the plaintiff's suit was for 198 sft. equivalent to 1.37 lechas. the office of the learned munsiff in drawing up the decree wrote the area as 160 sft. equivalent to 1.11 lechas. it was undoubtedly a mistake. it was a clerical mistake and there cannot be any doubt that it was an accidental slip. under these circumstances, the learned munsiff had jurisdiction to correct the decree in conformity with the pleadings of the petitioner. however, the learned munsiff has completely failed to exercise his jurisdiction vested in him by law and rendered the order dated 22-3-1979. 4. in the.....
Judgment:

K. Lahiri, J.

1. Palpable mistake had been committed by the officers of the Court wherefor the decree had been wrongly drawn in Title Suit No. 92 of 1977. The plaintiff sued for declaration of right, title, interest and delivery of khas possession, in respect of 198 sft. of land equivalent to 1.37 lechas covered by Dag No. 558 (part) in Patta No. 59/3, 63/29, 90/186 of Fee Simple Grant Cinnamara, Mouza Garamur. The suit was decreed. But while drawing up the decree, the area of the suit land was wrongly shown as 160 sft. i. e. equivalent to 1.11 lechas. All other descriptions reflected in the decree were correct except in the mistake in the area. The error was detected by the plaintiff and it made an application under Section 152 C. P. C. but the same was turned down by the learned Munsil, on the assumption that he had no jurisdiction to rectify the mistake. Section 152 reads as follows:--

'152. Amendment of judgments, decrees or orders.-- Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.'

The basis of the section is to be found in the maxim 'Actus Curiae Neminem Gra-vabit' (Jenk. Cent. 118) -- (An act of the Court shall prejudice no man). The maxim is founded on justice and good sense and affords a safe guide for the administration of justice. Whenever a mistake is committed by the Court or its Officers and the short-fall is detected, which may be likely to cause prejudice to a party, it is the imperative duty and compulsive obligation of a Court to correct the mistake forthwith. Procedural provisions should not be taken as handle to deprive justice to a litigant. Procedural law is meant to facilitate and not to obstruct the course of substantive justice.

2. It will be seen on a bare perusal of Section 152 of the Code that it is an enabling provision empowering Courts to correct clerical or arithmetical mistakes in judgments, decrees and orders or any error arising therein from any accidental slip or omission. The Court has unlimited power, once it finds that the mistake is clerical or arithmetical or it is accidental slip or omission.

3. In the instant case, the plaintiff's suit was for 198 sft. equivalent to 1.37 lechas. The office of the learned Munsiff in drawing up the decree wrote the area as 160 sft. equivalent to 1.11 lechas. It was undoubtedly a mistake. It was a clerical mistake and there cannot be any doubt that it was an accidental slip. Under these circumstances, the learned Munsiff had jurisdiction to correct the decree in conformity with the pleadings of the petitioner. However, the learned Munsiff has completely failed to exercise his jurisdiction vested in him by law and rendered the order dated 22-3-1979.

4. In the result, I set aside the impugned order and direct the learned Munsiff to cause correction of the decree under Section 152 of the Civil Procedure Code.

5. The petition is allowed. No costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //