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V.K. GHAI versus COL. KAPIL DEO GHAI & OTHERS

High Court of Judicature at Allahabad

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V.K. Ghai v. Col. Kapil Deo Ghai & Others - CIVIL REVISION No. 291 of 2006 [2006] RD-AH 12448 (27 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Umeshwar Pandey, J.

Heard learned counsel for the revisionist-applicant.

This revision has been filed against a direction given by the court below in the operative portion of the judgment dated 23.5.2006. The order of the Court of Judge Small Causes/Addl. District Judge, Court No. 8, Agra in the operative portion directs the payment of amount of means profit to the plaintiffs and all proforma defendants except respondent No. 2 whereas while recording the findings on issue No. 5, it has been held that the amount of means profit calculated at Rs. 21,000/- per month is recoverable by the plaintiffs and all the proforma defendants in the suit. Therefore, the petitioner also being a proforma defendant No. 2 when already held to be entitled to the means profit decreed by the court, he should not have been excluded by the court from that benefit in the operative portion of the judgment. Therefore, it amounts to a mistake, which appears to have been done in the order by certain oversight or otherwise. Such mistakes are rectifiable under the provisions of Section 152 C.P.C. for which the petitioner should have moved the court below itself.

In view of the aforesaid, this revision is hereby disposed of with this observation that the petitioner, if so chooses, may exercise his option to move an application before the trial court for such correction of inadvertent mistake as appearing in the judgment.

27.07.2006

gp/291


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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