TMI Blog1933 (3) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... inary decree on 7th January 1927, and that decree was made final on 1st November 1927. The suit was on the basis of a mortgage-deed executed by Baij Nath, the husband of Mt. Moona, Mt. Moona herself, and the four sons of Baij Nath. The mortgage-deed in suit shows that the property mortgaged consisted of a grove situated in khasra plots Nos. 672/2 and 681/3, having an area of 19 biswas with boundaries as given in the deed, in village Jasratpur, had bast No. 230, pargana and tahsil Misrikh, in the District of Sitapur. In the plaint as well as in the preliminary decree and the final decree the mortgaged property was shown as grove No. 230, with land, trees and a pucca well situated in village Naibasti, included in village Jasratpur, pargana an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the plaint, judgment and decrees passed in the case. On the other hand the learned counsel for the opposite party has contended that no amendment of the plaint, judgment and decrees can be made, inasmuch as the defendants-opposite party have now sold the grove situated in khasra plots Nos. 672/2 and 681/3 to Udit Narain and others. In support of this contention reliance is placed upon a ruling reported in H.W. Hatton v. H. Harris (1895) A C 547 = 62 L J P C 24 = 67 L T 722. Lord Herschell in delivering his considered opinion in this case made the following remarks (see p. 558): There is one observation which I ought to make, and it is this: that there may possibly be cases in which an application to correct an error of this description wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laintiff-applicant invited my attention to a ruling reported in Pahlwan Singh v. Ganga Bakhsk Singh AIR 1921 Oudh 190 = 66 I C 693, in which it was held by the late Court of the Judicial Commissioner of Oudh that under S. 152, Civil P.C., errors in judgments and decree should be corrected by amendment, and that if those errors followed from clerical or accidental mistakes committed in the plaint or other proceeding, it was open to the Court to ascertain by inquiry whether any accidental slip had occurred, and to rectify it if the real points at issue were not affected thereby. The learned counsel for the applicant also invited my attention to a case reported in Mohammad Mumtaz Ali Khan v. Mohammad Saadat Ali Khan AIR 1932 Oudh 293 = 140 I C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rror independent of the fact that the same mistake or error could have been corrected by a Court of appeal. 7. It was further held that it would be reading S. 152, Civil P.C., out of the Code, and not interpreting it, were it to be held that it would not apply to a case where the mistake or error could be corrected on appeal, but was not so corrected, or where no appeal was preferred, and that the procedure laid down in Ss. 151 and 152 of the Code was intended provide for a speedy and inexpensive relief to a party affected by any mistake or error, and did not contemplate imposing upon him the necessity of preferring an appeal as regards such a matter which in the very nature of things must entail much expenditure of money and time. In this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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