9911796707
TMI Blog1981 (1) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... 47, Birhana Road, Kanpur. A suit filed by the South India Trading Company against Jethmal Laxmichand was decreed and execution proceedings were taken for the attachment and sale of the aforesaid house property. The house was owned by one Khem Raj, who died leaving a widow, Smt. Sooraj Devi (the appellant) and a son, Kailash Chandra Jain (the second respondent). The property was purchased by Pyare Lal (the first respondent). Pyare Lal obtained possession through the Civil Court Amin on 8th October, 1965, but in his absence Kailash Chandra Jain is said to have removed the lock and entered into possession. In a criminal proceeding against him on a complaint by Pyare Lal, he was ultimately convicted and sentenced by the High Court under s. 448, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the decree obtained by the South India Trading Company was not binding on them and could not be executed against them. As the property was meanwhile sold and the sale confirmed the suit was regarded as infructuous and the plaint was allowed to be rejected for want of court fee. Instead, Civil Suit No. 53 of 1964 was filed by the minor sons of Kailash Chandra Jain claiming that they were joint owners of the property, that the sale conferred no right, title or interest in Pyare Lal and that they were entitled to an injunction. The appellant, who had originally been impleaded as a defendant in the suit, was transposed to the array of plaintiffs. The suit was dismissed in default, but subsequently restoration was allowed by the Trial Court on p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are Lal disputes that the order is not binding on her and that she is entitled to the right in the property claimed by her. Having considered the matter, we are not satisfied that the controversy can be brought within the description "clerical or arithmetical error". 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. Master Construction Co. (P) Ltd. v. State of Orissa and Another. The appellant points ..... X X X X Extracts X X X X X X X X Extracts X X X X
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