9911796707
TMI Blog1947 (3) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... one Vadivelam Pillai in respect of three items of property including one to which I will refer as No. 1467. In 1928 a preliminary decree was passed followed by the final decree in 1929. Shortly thereafter, the mortgagee discovered mat the mortgagor had no title to No. 1467 and in 1930, in E.A. No. 494 of 1939, he applied for attachment of property No. 1466 to which, it is apparently common ground, the mortgagor had a title. That application was ordered and attachment was effected. Nothing further was done for nearly three years. In 1933 the mortgagee decree-holder assigned the decree to the present first respondent who was the petitioner in the Court below. At the time of the assignment, it was apparently manifest that the mortgagor had no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Code of Civil Procedure, confers upon Courts authority and power to make the alterations and corrections sought in the application. 4. The learned Subordinate Judge allowed the application and altered or corrected the instrument to which I have referred, by substituting, in the deed and decrees, properties Nos. 1463 and 1466 in place of property No. 1467 as part of the hypotheca of the mortgage deed and properties which were to be subject to the effect of the mortgage decree. 5. Firstly, as to Section 152 of the Code and whether the application lies, pursuant to that enactment. The section provides as follows: Clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising therein from any accidental slip or omission, m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oughout under Section 152 of the Code. That decision followed Maung Chit v. N.A.R. M. Chetti A.I.R. 1924 Rang. 104. In Ranga Rao Naidu v. Janaki Prasad AIR 1941 Mad 940(1) a decision to the same effect was expressed, but no reasons are given and the earlier decision of this Court was followed. The above three authorities were decided by Judges sitting alone and not by a bench of Judges. The same consideration came before a Division Bench of the Allahabad High Court in Shujaatmand Khan v. Govind Bekari AIR 1934 All 100 There, Young, J. and Thom, J., expressed the View and held that an amendment allowing a correction of the description of the property in a mortgage deed was not possible under the provisions of Section 152. At page 101, it was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ic Relief Act. 9. I am unable to see how Section 152 gives to a Court jurisdiction and authority to modify documents, particularly documents upon which a suit is instituted. There is a remedy by way of suit and I find nothing in the provision of Section 152 which confers upon it similar powers as are conferred by Section 31 of the Specific Relief Act. In my view, Section 152 is for the purpose of correcting errors directly involved in the proceedings themselves and not for correcting errors which are anterior to the proceedings, particularly in documents upon which proceedings are brought. I am unable to see that property wrongly described in a deed, can be included in any of the mistakes which the section allows to be corrected. It is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out that Section 151 does not confer any jurisdiction upon this Court. It is merely declaratory that nothing shall limit or otherwise affect the Court's inherent power. If there was inherent power in the Court to make an order for rectification of a document upon an application, as was made in this case, it seems to me that there would be no need for Section 31 of the Specific Relief Act. That section gives a remedy by which a document, by reason of fraud or mutual mistake can be corrected. In J. C. Galslaun v. Pramathanath Ray I.L.R.(1929) Cal. 154 it was observed by Sir George Rankin, C.J., at page 159 that If the relief can be properly obtained in a separate suit, it does not appear that there i any justification for invoking Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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