Date: 11-01-2019
Business: Plff absent.
Original NM not filed.
Plff is directed to get register NM and tendered original NM.
Adj for compliance to 28.01.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-01-2019
Date: 28-01-2019
Business: Adv. Joshi for Plaintiff present.
Deft and Adv absent.
He tendered original NM 76/19 t.o.r.
Plff filed affidavit of service t.o.r.
Heard arguments of Adv for Plaintiff.
Adj for NM order to 01.02.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 01-02-2019
Date: 01-02-2019
Business: Plff and Adv absent.
Deft and Adv absent.
Following order is passed below Notice of Motion No.76/2019
Notice of motion is taken out by the plaintiffs seeking correction of typographical error in judgment and decree dated 07.03.2018 passed in Suit No.4290 of 2010.
It is contended that this court pleased to pass judgment on 07.03.2018. There is some typographical error in operative part of judgment and decree wherein defendant no.1 was directed to make payment of Rs.7,13,400/- to the plaintiff along with interest at the rate 9 percent per annum calculated from the date on which each installment was paid, till its realization. It is contended that averment mentioned in the plaint shows that plaintiffs have made payment of Rs.7,13,000/- to defendant No.1. It is contended that typographical error has occurred in operative part of judgment and decree by mentioning amount of Rs.7,13,400/- in-stead of Rs.7,13,000/-.
Defendants did not appear. I have gone through notice of motion, record and proceeding in Suit No.4290 of 2012. It is apparent that in plaint averment has been made by the plaintiffs in respect of payment of total Rs.7,13,000/-. However, the Court has mentioned amount of Rs.7,13,400/- in clause -1 of operative order of judgment dated 07.03.2018 passed in Suit No.4290 of 2012. It seems that clerical error or accidental slip has occurred while mentioning the amount which is directed to be paid by defendant no.1 to plaintiffs. Therefore, said error has to be rectified. As the clerical error as pointed above has been committed in mentioning the amount in clause -1 of operative order of judgment, decree was drawn in accordance with said judgment and order so said error also occurred in clause 1 of operative part of the decree drawn. When I held to rectify clause 1 of operative part of order in the said judgment then decree drawn in relation to the same also needs to be rectified accordingly. Hence, pass following order-
ORDER
Notice of Motion No.76 of 2019 is allowed in following terms-
It is hereby ordered to correct clause 1 of operative order of judgment dated 07.03.2018 passed in Suit No.4290 of 2012 by mentioning amount of Rs.7,13,000/- in-stead of amount of Rs.7,13,400/-.
Accordingly, consequential correction be made in decree drawn in respect of said judgment.
Concerned official is directed to put up original judgment before this Court for the purpose of carrying out above correction.
Registrar (Civil) to carry out correction in decree as per above order after correction being carried out in operative order of judgment.
Intimation be given to the decree department.
After correction record and proceeding in Suit No.4290 of 2012 be sent back to Civil Record Department.
Accordingly, notice of motion stands disposed off.
Nature Of Disposal: ALLOWED
Disposal Date: 01-02-2019
