Civil Revision No.5403 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5403 of 2010 (O&M) Date of decision: 26.08.2010 Kabal Singh .....Petitioner Versus Narinder Singh and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K.SHARMA Present:- Mr. Parminder Singh Kanwar, Advocate, for the petitioner. VINOD K.SHARMA, J. (ORAL) The petitioner has invoked the supervisory jurisdiction of this Court to challenge the order dated 21.5.2010 passed by the learned trial Court in exercise of powers under Section 152 of the Code of Civil Procedure. Plaintiff/respondents filed a suit for specific performance of agreement to sell, wherein the total sale consideration agreed to between the parties was Rs.6,06,250/- (Rupees six lac six thousand two hundred and fifty only). Out of the total sale consideration, the plaintiff/respondents paid a sum of Rs.5,75,000/- (Rupees five lac and seventy five thousand only). Thus, remaining amount was only Rs.31,250/- (Rupees thirty one thousand two hundred and fifty only). The learned trial Court while passing the decree wrongly mentioned the balance amount payable to be Rs.5,16,250/- (Rupees five lac sixteen thousand two hundred and fifty only). The application moved under Section 152 of the Code of Civil Procedure for correction of typographical error has been allowed in view of the fact, which was not in dispute. Civil Revision No.5403 of 2010 (O&M) -2- Learned counsel for the petitioner has challenged the impugned order on the plea that the learned trial Court committed an error in reducing the amount even though no specific finding was given as to what was the amount given. Learned counsel for the petitioner contends that in absence of the finding that earnest money of Rs.5,75,000/- (Rupees five lac and seventy five thousand only), it was not open to the learned trial Court to correct the typographical error. This contention on the face of it is misconceived. The learned trial Court has decreed the suit by accepting the payment of earnest money as well as the balance payment, therefore, the balance amount was only Rs.31,250/- (Rupees thirty one thousand two hundred and fifty only). Section 152 of the Code of Civil Procedure reads as under: - “152. Amendment of judgments, decrees or orders. - Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.” The learned trial Court in exercise of power vested, has only corrected a typographical error. No ground is, therefore, made out to interfere with the order passed. No merit. Dismissed. (Vinod K. Sharma) Judge August 26, 2010 R.S.