TMI Blog2002 (11) TMI 805X X X X Extracts X X X X X X X X Extracts X X X X ..... chedules appended to the plaint and marked as Schedule A, B, C, D, E F. The reliefs prayed for in the plaint are also very many. Briefly stated they are :- (i) a decree or decrees for recovery of khas possession of the 'B' Schedule lands which comprise the D, E, F Schedule lands and for confirmation of possession on 'C' Schedule lands with declaration of title by the plaintiff alone on 'A' Schedule lands as self-acquired property of Late Mamat Ram, father of the plaintiffs; and (ii) a decree or decrees for cancellation of Khatian No. 35 of defendant No. 6 and of Khatian No. 21 of defendant No. 7 and of Khatian No. 10 of defendant Nos. 8 9 over D,E F Schedule lands respectively and for declarat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ta for the A Schedule dag Nos. 1017, 1013, 1182 and 1017 in the names of the plaintiff; and (iv) decree of the costs of the suit against the defendants contesting the plaintiffs claim and the suit; and (v) decree for any other relief or reliefs to which the plaintiffs are legally entitled. The above said reliefs are sought for in the background of multiple litigations between the parties preceding the institution of the suit. The suit was seriously contested. By judgment and decree dated 10.01.1994, the Trial Court directed the suit to be dismissed. The dismissal of the suit was upheld in first appeal by learned Additional District Judge. The plaintiffs filed second appeal, which was heard by a learned si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (referred to hereinabove) and then concluded as under:- In the circumstances stated above, I respectfully understand that the Hon'ble High Court desired that the decree should be prepared by this court granting all the reliefs claimed by the plaintiffs/appellants. The earlier decree prepared by this Court was only in respect of the cost granted by the Hon'ble High Court, the decree should have contained all the reliefs claimed in the plaint. Therefore, for ends of justice, it is necessary to amend and correct the said decree. Accordingly the Sheristadar is directed to prepare the decree as per direction of the Hon'ble High Court and put up the same before the undersigned on 10.09.1997. After preparing the decree, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... categories of suits. The very obligation cast by the Code that the decree shall agree with the judgment spells out an obligation on the part of the author of the judgment to clearly indicate the relief or reliefs to which a party, in his opinion, has been found entitled to enable decree being framed in such a manner that it agrees with the judgment and specifies clearly the relief granted or other determination of the suit. The operative part of the judgment should be so clear and precise that in the event of an objection being laid, it should not be difficult to find out by a bare reading of the judgment and decree whether the latter agrees with the former and is in conformity therewith. A self-contained decree drawn up in conformity with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dings arrived at on different issues and also the admitted facts. The Trial Court merely observing in the operative part of the judgment that the suit is decreed or an appellate Court disposing of an appeal against dismissal of suit observing the appeal is allowed, and then staying short at that, without specifying the reliefs to which the successful party has been found entitled tantamounts to a failure on the part of the author of judgment to discharge obligation cast on the Judge by the provisions of Code of Civil Procedure. In the case at hand, a perusal of the reliefs prayed for in the plaint shows that the reliefs are not very happily worded. There are some reliefs which may not be necessary or may be uncalled for though pray ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgment of the High Court. How to solve this riddle? In our opinion, the successful party has no other option but to have recourse of Section 152 of CPC which provides for clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission being corrected at any time by the Court either on its own motion or on the application of any of the parties. A reading of the judgment of the High Court shows that in its opinion the plaintiffs were found entitled to succeed in the suit. There is an accidental slip or omission in manifesting the intention of the Court by couching the reliefs to which the plaintiffs were entitled in the event of their succeeding in the suit. Section 15 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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