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Muthu Bhattar Vs. Mrithunjaya Bhattar and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in44Ind.Cas.248
AppellantMuthu Bhattar
RespondentMrithunjaya Bhattar and anr.
Excerpt:
civil procedure code (act v of 1908), section 152 - clerical mistakes and slips in decree or order, correction of, during pendency of appeal--court, power of, to amend--jurisdiction. - - 872 of 1916. 1. the district judge was mistaken in thinking that he bad no power to correct a clerical error occurring in his review order because of the pendency of a second appeal in this court. 3. this was a matter to be dealt with under section 152 of the code of civil procedure and that section distinctly provides that where such clerical errors arise from any accidental slip, the court (that is, the court in which they have occurred) may correct them at any time......according to law after giving notice to the parties concerned. the parties will bear their own costs of this application.in civil miscellaneous petition no. 2597 of 1916.5. the proper court to correct clerical errors is the court in which the errors were made. the petition is dismissed.
Judgment:

Spencer, J.

In Civil Revision Petition No. 872 of 1916.

1. The District Judge was mistaken in thinking that he bad no power to correct a clerical error occurring in his Review Order because of the pendency of a second appeal in this Court.

2. The clerical errors alleged in the affidavit, which was before the Judge, consisted of the words. '1st defendant' occurring where the words '2nd defendant' were intended and vice versa.

3. This was a matter to be dealt with under Section 152 of the Code of Civil Procedure and that section distinctly provides that where such clerical errors arise from any accidental slip, the Court (that is, the Court in which they have occurred) may correct them at any time.

4. I set aside the District Judge's order and direct him to pass fresh orders according to law after giving notice to the parties concerned. The parties will bear their own costs of this application.

In Civil Miscellaneous Petition No. 2597 of 1916.

5. The proper Court to correct clerical errors is the Court in which the errors were made. The petition is dismissed.


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