In CR No.6122 of 2019-PUNJ HC- Inadvertently mentioning wrong measurement of suit land in Trial Court’s judgment & decree, is “typographical error” and same can be corrected u/s 152 CPC: P&H HC Justice Alka Sarin [29-07-2022]

Read Order: Charanjit Singh v. Rakhi Devi and Others

Monika Rahar

Chandigarh, August 2, 2022: The High Court of Punjab and Haryana has allowed a revision petition seeking correction of a “typographical error” in the judgement and decree of the Trial Court wherein wrong measurement of the suit property was inadvertently mentioned. 

The Bench of Justice Alka Sarin further held, “Section 152 CPC clearly lays down that any clerical or arithmetical mistakes in judgments, decrees or orders or errors arising  therein from any accidental slip or omission can be corrected by the Court.”

Initially, the petitioner filed an application for making a correction in the judgement and decree of the Trial Court. However, the same was dismissed.

Resultantly, the petitioner approached the High Court with a revision petition under Article 227 of the Constitution of India for setting aside the aforesaid order of dismissal. 

Essentially, the suit was filed for separate possession of land measuring 1 kanal 11 marlas out of the total land measuring 1 kanal 19 marlas. However, the Trial Court, in its judgement and decree inadvertently mentioned  that the suit was for possession of land measuring 1 kanal 11 marlas out of total land  measuring 1 kanal 1 marla. 

It was the case of the petitioner’s counsel that the above-stated was a typographical mistake which can be corrected under Section 152 of the CPC. It was further contended that the said application was dismissed only on the ground that the Court was not the successor Court of the Court that had passed the judgement and decree.

Per contra the counsel for the fourth respondent contended that the said application itself was not maintainable and that the said error was not a typographical error. 

After considering the submissions of the parties, the Court observed that in the present case the typographical error was apparent on the face of the record from a bare perusal of the copy of the plaint. 

Further, Justice Sarin added that Section 152 CPC clearly lays down that any clerical or  arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission can be corrected by the Court. 

Thus, in view of the above, the present revision petition was allowed and the impugned order passed by the Trial Court was set aside.