Final Order 1

Order Details: Other
Pdf Text: 01.02.2019
Disposed off
SU 4290/12
@ NM 76/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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 @ 9%
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.
Judge
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