1933 (3) TMI 27 - HC - Indian Laws

Summary

Issues:
Application for revision under S. 115, Civil P.C. against the order dismissing the application for correction of judgment and decree under Ss. 151, 152, and 153, Civil P.C.

Detailed Analysis:

Issue 1: Application for Amendment of Judgment and Decree
The plaintiff filed a suit for foreclosure based on a mortgage-deed, and the decrees incorrectly described the mortgaged property. The plaintiff sought to amend the plaint, preliminary decree, and final decree to correct the property description. The Munsif dismissed the application, citing the plaintiff's negligence in not verifying the decrees. The plaintiff argued that the Munsif had the jurisdiction under Ss. 151, 152, and 153 of the Civil P.C. to make the amendments. The main contention was whether the court had the power to correct errors in judgments and decrees due to clerical mistakes.

Issue 2: Rights of Third Parties
The defendant opposed the amendment, claiming that third parties had purchased the mortgaged grove. Citing a legal ruling, the defendant argued that allowing the amendment would prejudice the rights of third parties who were not part of the application. However, there was no concrete evidence on record to prove the sale of the grove to third parties, and thus, their rights would not be affected by the amendment.

Issue 3: Jurisdiction of the Court
The plaintiff relied on legal precedents to support the argument that courts have inherent powers to rectify errors in judgments and decrees. Reference was made to cases emphasizing the court's duty to ensure substantial justice and correct accidental mistakes. The court highlighted that the Civil Procedure Code was not exhaustive, and judicial tribunals could act in the interest of justice even if the error could have been corrected on appeal.

Conclusion
The High Court allowed the application for revision, setting aside the lower court's order and ordering the requested amendments to be made. The judgment emphasized that the refusal to amend the judgment and decrees was a failure to exercise jurisdiction vested in the court under Ss. 151 and 152 of the Civil P.C. The decision aimed to rectify the clerical error in the description of the mortgaged property to ensure justice and equity for the plaintiff.