Sri Gurucharan Mahato v. Sri Bipadtaran Mahato And ORS.

S/L 2 30.8.2024 Court No.19 SD

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO 1144 of 2023 Sri Gurucharan Mahato Vs.

Sri Bipadtaran Mahato & Ors.

Mr. Chittapriya Ghosh Ms. Priyanka Saha ... for the Petitioner.

Mr. Lalratan Mandal Mr. Dilip Kumar Sadhu ... for the Opposite Party Nos.1-3.

Affidavit of service filed on behalf of the petitioner be kept with the record.

The matter has been brought to the list for extension of interim order but by the consent of the parties, it is taken up for final disposal.

The petitioner is the defendant no.1 of the connected partition suit being Title Suit No.150 of 2014. The Additional Court of learned Civil Judge (Senior Division), Purulia by the judgment and decree dated September 18, 2017 has decreed the said suit. The petitioner had filed an application under Section 152 read with Section 151 of the Code of Civil Procedure for correction of the typographical error in the said judgment.

It appears that the petitioner is alleging that the judgment is not agreeing with the decree inasmuch as in the body of the judgment, shares of defendant nos.1 and 2 in the suit property though has been declared but in the decree such share has not been declared; instead, 1/3rd share of defendant nos.1 to 7 and 10 has been declared.

The correction as prayed for does not come within the purview of Section 152 of the Code, as such, the learned Trial Judge has rightly refused the prayer of the petitioner.

The order impugned for the aforesaid reason(s) does not call for any interference.

CO 1144 of 2023 is dismissed without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Biswajit Basu, J.)