TMI Blog2003 (10) TMI 653X X X X Extracts X X X X X X X X Extracts X X X X ..... ecree passed by learned Senior Subordinate Judge, Patiala dismissing the suit filed by the respondent-employee. Factual background giving rise to these appeals in a nutshell is as follows: Respondent as plaintiff filed a suit in the Court of Senior Subordinate Judge, Patiala for a declaration that the order dated 13.3.1977 passed by the State through the Collector, Patiala removing him from service is unconstitutional, illegal, null and void, mala fide, ineffective, inoperative, improper and discriminatory. A further prayer was for a declaration that he was entitled to have his pay fixed in the appropriate scale by counting the period of his alleged forced absence. Averments in the plaint were to the following effect: He was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fresh recruit. While granting this relief the following order was also passed: It is made clear that it is up to the department to grant him or not to grant him increments for the past service rendered by him. It will be again for the department to decide whether he is or he is not fit to be promoted after taking his past service into account . The respondent-employee filed an application purported to be made under Section 152 of the Code of Criminal Procedure, 1973 (in short the Code ) claiming that the afore-quoted directions were not in order and deserve to be deleted. By order dated 3.2.1988 learned Additional District Judge, Patiala deleted the afore-quoted portion on the ground that if the said portion remains, it would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 979. The suit was filed more than five years of the fresh appointment on 8.12.1984, with a prayer to declare the termination in 1977 to be bad. Specific stand of the department had not been taken note of that there was no challenge in fact to the fresh order of appointment. It was not open to the First Appellate Court or the High Court to make out a new case for interference. The period of limitation prescribed under the Limitation Act, 1963(in short the Limitation Act ) for filing a declaratory suit is 3 years and admittedly a suit was filed after seven years. In any event, there was no scope for amending the order in the manner done in purported exercise of power under Section 152 of the Code. In response, learned counsel for the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s after the judgment, decree or order. The settled position of law is that after the passing of the judgment, decree or order, the same becomes final subject to any further avenues of remedies provided in respect of the same and the very Court or the tribunal cannot, on mere change of view, is not entitled to vary the terms of the judgments, decrees and orders earlier passed except by means of review, if statutorily provided specifically therefor and subject to the conditions or limitations provided therein. The powers under Section 152 of the Code are neither to be equated with the power of review nor can be said to be akin to review or even said to clothe the Court concerned under the guise of invoking after the result of the judgmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ood sense, and affords a safe and certain guide for the administration of the law , said Cresswell J. in Freeman v. Tranah (12 C.B. 406). An unintentional mistake of the Court which may prejudice the cause of any party must and alone could be rectified. In Master Construction Co. (P) Ltd. v. State of Orissa (AIR 1966 SC 1047) it was observed that the arithmetical mistake is a mistake of calculation, a clerical mistake is a mistake in writing or typing whereas an error arising out of or occurring from accidental slip or omission is an error due to careless mistake on the part of the Court liable to be corrected. To illustrate this point it was said that in a case where the order contains something which is not mentioned in the decree, it wou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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