1987 PLP 534 (MLD)

This order will dispose of the two Miscellaneous Petitions filed in these appeals. It is stated that while preparing the decree sheet of both the appeals the schedule to be incorporated in the decree of appeal No.666 of 1968 has been included in the decree of appeal No.667 of 1968 and likewise schedule to be incorporated in decree of appeal No.667 of 1968 has been incorporated in the decree of appeal No.686 of 1968. It is further submitted that the date of hearing has been mentioned as 16-6-1968 as against 18-6-1982. Learned counsel for the opposite side has argued that though the mistake, as has been pointed out, has been committed while preparing the decree sheet in both these appeals but the necessary correction cannot now be asked for. Relying on the Rules & Orders of the High Court it was submitted that such an objection is to be filed within three days prescribed under the rules and that as the objection was not raised within the time specified the decree cannot now be corrected. It was also submitted that petition for special leave to appeal has already been filed and that correction asked for be refused.

2. There is no merit in either of these submissions. It is true that according to the Rules & Orders of the High Court the Deputy Registrar has to cause a notice to be exhibited on the notice board as soon as a decree has been drawn up stating that decree has been drawn up and any party to the decree or any counsel of any party to the decree may within three days file with the Deputy Registrar an objection to the decree on the ground that there is in the judgment a clerical error or omission or that the decree is not in accordance with the judgment on which it is based. Again Rule 8, Chapter 4-H of the Rules further provides as under:- "Under no circumstances shall any decree or order passed or made by a Judge or Judges be altered, varied or departed from in any particular in the office, except under an order, in writing, of the Judge or Judges who passed or made such decree or order or except under an order made on appeal from such decree or order or except under an order made in review." From the perusal of Rule 8 it is clear that a decree cannot be varied, altered or departed from in any particular in the office except under an order in writing of the Judge who passed order, made such decree or order or except under an order made on appeal from such decree or order or under an order made under review. Section 152 C.P.C. confers powers on the Courts to make necessary corrections in the orders, judgments and decrees and these powers are unlimited by the Law of Limitation. The amendment under this section may thus be made at any time even where the time for appealing from the decree has expired and even after an appeal has been taken against that decree. The objections raised by the learned counsel for the opposite party are, therefore, repelled. The necessary corrections shall be made in the decrees prepared by the office. The applications are hereby allowed. S.Q./M-185/L Applications allowed.