Posted On by &filed under High Court, Patna High Court.


Patna High Court
Ramsunder Singh vs Most. Pana Kuer And Ors. on 5 January, 1978
Equivalent citations: AIR 1979 Pat 5, 1978 (26) BLJR 463
Bench: L M Sharma, B P Sinha


ORDER

1. The petitioner had filed a suit for specific performance of a contract of sale which was decreed in 1959. The defendant appealed and the suit was dismissed by the lower appellate Court. The petitioner thereafter filed second Appeal No. 924 of 1961 in this Court which was allowed on 14-11-67 by a Division Bench and the suit was decreed. The petitioner thereafter filed an application under Sections 151, 152 & 153 of the Civil P. C. before the trial Court for correction of the decree. The court has rejected the application as not maintainable on the ground that the decrea of the trial Court had merged in the decree passed in the second appeal by the High Court. The petitioner has challenged the order by the present civil revision application which has been referred by a learned single Judge to Division Bench.

2. The provisions of Section 152 of the Civil P. C. which is applicable in the present case, lay down that a clerical error in judgments, decrees or orders can be corrected by the Court. The question is as to which Court has the jurisdiction in a case where the suit travels up to the appellate stage. The power of correction has been vested in the Court where the mistake is committed. It, therefore, follows that if the decree, which is sought to be corrected, has been passed by the appellate Court, it is the appellate Court which has got the jurisdiction to set the mistake right. In Lala Brij Narain v. Kunwar Tejbal Bik-ram Bahadur ((1910) 37 Ind App 70) (PC) it was held that the trial Court has no jurisdiction to amend the decree which has been affirmed in appeal. The said decision was given in slightly different circumstances but the principle is applicable to the present case. In Mt. Kulwanti Devi v. Ajodhi Singh (AIR 1959 Pat 591) also it was observed that in cases where the decrees passed by the trial Court are affirmed by the appellate Court the power to make corrections in the decrees vests in the appellate Court. It must, therefore, be held that the view of the trial Court in the present case was correct and the petitioner should have filed an application for correction of the decree in this Court. The civil revision application is dismissed but without costs. It would be open to the petitioner to file a proper application for correction of the decree in this Court.


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