AIR 1979 PUNJAB AND HARYANA 47 ::1978 Punj LJ 359 ::1978 Rev LR 604 ::(1979) ILR 1 P&H 141 ::(1979) 80 Pun LR 728 ::80 Pun LR 728 ::ILR (1979) 1 PunjHar and Har 141

Punjab And Haryana High Court

Hon'ble Judge(s): Gurnam Singh , J

Civil P.C. (5 of 1908) , S.152— Clerical mistakes and errors arising from accidental slip - Powers of Court under S.152 to rectify - Scope of. @page-PunjHar48 Section 152, C.P.C. gives power to rectify any mistake in the judgement, decree or order or errors arising therein from accidental slip or omission and it must include an accidental slip or omission traceable to the conduct of the parties themselves. No doubt the Court cannot go into the disputed questions regarding the principle in dispute, but if a mistake is so palpable that nobody can possibly have any doubt as to what the parties meant or what the Court meant when it passed judgement, decree or order such correction can be made even under S.152, C.P.C. AIR 1952 Cal 86; AIR 1960 J and K 37; AIR 1957 All 133; ILR (1951) 2 Cal 407 and AIR 1950 Mad 751 Foll. AIR 1946 Cal 336 and AIR 1959 Punj 88, Dist.(Para 8) When the mistake in the judgement and the decree in a suit for possession occurred due to an accidental slip, by writing Khasra No. "20" instead of Khasra No. "24" in the plaint and its notice was not taken even by the defendants during the course of the trial, and when in fact there was no doubt about the identity of the land in dispute, as the same had been kept for establishing a school, in such a case necessary correction could be made in the pla....