Sukhwinder Kaur And Others v. Avtar Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RA-CR-4-2020 IN CR-7554-2019 Decided on : 13.01.2020 Sukhwinder Kaur and others . . . Petitioner(s)

Versus

Avtar Singh . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Rakesh Sobti, Advocate for the review-petitioner(s).

**** MANJARI NEHRU KAUL , J. (Oral) No ground is made out for reviewing the order dated 07.01.2020.

It is not disputed that an application for impleading LRs of Gurinderpal Singh was allowed by the Court below and amended memo of parties was filed on 13.03.2014. But some how, this fact was overlooked in the final judgment inadvertently, wherein, there was no mention of the LRs. The respondent decree-holder cannot be made to suffer because of the inadvertence of the Court.

From a bare perusal of the reading of provisions of Section 152 CPC, it is amply clear that the Court is empowered to rectify clerical and arithmetical errors which may have arisen due to some accidental slip or omission. The sole object of the provision is based on the maxim actus curiae neminem gravabit i.e. the act of the Court shall prejudice no man. Moreover, no prejudice can be said to have been caused to the petitioner in the impugned order.

JAWALA RAM 2020.01.15 15:50 I attest to the accuracy and authenticity of this document Chandigarh

RA-CR-4-2020 IN CR-7554-2019 - 2 - In view of the above, the order dated 20.11.2019, passed by the executing Court, secures the ends of justice. Review application stands dismissed accordingly. (MANJARI NEHRU KAUL) JUDGE January 13, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.01.15 15:50 I attest to the accuracy and authenticity of this document Chandigarh