IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18711 of 2011 Md.Asif Ali Versus Samsuddin & Ors ---------------------------------- 03. 04.11.2011 This application under Article 226 of the Constitution of India is heard treating the same as an application under Section 227 of the Constitution of India. (2) This application has been filed for setting aside the order dated 13.07.2011 passed by Sub Judge III, Aurangabad in Misc. Case No.02 of 2004 whereby the learned Court below corrected the mistake occurring in the Judgment dated 19th January, 2000 passed in partition suit No.49 of 1987 / 64 of 1994 decreeing the plaintiff-respondent suit. The learned counsel for the petitioner submitted that after 10 years, the learned Court below has made the correction in the Judgment in exercise of power under Section 152 C.P.C. without their being any application praying for condoning the delay. (3) In A.I.R. 2006 S.C. 649 U.P.S.R.T.C. Vs. Imtiaz Hussain, the Apex Court held that Section 152 of the Code of Civil Procedure provides for correction of clerical or arithmetical mistake in Judgments, decrees or orders or errors arising therein from any accidental slip or omission. The exercise of this power contemplates the correction of mistake by the Court of its ministerial action and does no contemplate of passing effective judicial orders after the Judgment, decree or order. The settled position of law is that after the passing of the Judgment, decree or order, the same becomes final subject to - 2 - any further avenues of remedies provided in respect of the same and the very Court or tribunal cannot on mere change of view, is not entitled to alter the terms of the Judgments, decrees and orders earlier passed except by means of review, if statutorily provides specifically, therefore, subject to condition of limitations provided therein. The power under Section 152 of the Code is neither to be equated with the power of review nor can be said to be akin to review or even said to clock the Court concerned under the guise of invoking after the result of the Judgment earlier rendered. The correction contemplated are of correcting only accidental omission or mistakes and not all omissions and mistake which might have been committed by the Court while passing the Judgment, decree or order. The omissions sought to be corrected which goes to the merit of the case is beyond the scope of Section 152 C.P.C. In the present case, from perusal of the Judgment which has been corrected and the impugned order, it appears that there is a typing mistake in the Judgment wherein it has been stated that the defendant No.2 to 5 have acquired right title and interest in the lands purchased from Ali Imam because that was never the case of defendant No.2 to 5. The learned Court below found that it is a typing mistake only and, therefore, in my opinion, it is within the purview of Section 152 C.P.C. (4) In such view of the matter, I do not find any illegality or jurisdictional error in the impugned order. Accordingly, this application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.) - 3 -