AIR 1981 SUPREME COURT 736 ::1981 CriAppR(SC) 59 ::1981 (1) SCC 500 ::1981 UJ (SC) 262 ::(1981) AllCriC 108 ::(1981) Mad LJ(Cri) 392 ::1981 SCC(Cri) 188 ::(1982) 1 Mad LJ 7 ::1981 SCC (Supp) 43 ::1981 (2) SCJ 48 ::1981 (2) SCR 485 ::(1981) SC Cr R 362

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): R. S. Sarkaria, R. S. Pathak , JJ

Criminal P.C. (2 of 1974) , S.362, S.482— 'Clerical or arithmetical error' - Earlier order of High Court directing restoration of possession to respondent - Application under S. 362 for clarification by a declaration that it was not binding in application and did not affect her possession - Not maintainable - Inherent powers also cannot be invoked. A clerical or arithmetical error is an error occasioned by an accidental slip or omission of the Court. It represents that which the Court never intended to say. It is an error apparent on the face of the record and does not depend for its discovery on argument or disputation. An arithmetical error is a mistake of calculation, and a clerical error is a mistake in writing or typing. Where the applicant sought that the earlier order of the High Court directing restoration of possession of the property to the respondent be clarified by a declaration that it was not binding on her and did not affect her possession, and the respondent disputed the allegations, it was held that the controversy could not be brought within the description "clerical or arithmetical error". The applicant, in fact asked for an adjudication that the right to possession alleged by her remained unaffected by the earlier order.(Para 4) Further, the imherent power of the Court also cannot be invoked. ....