Civil Rev. 5405 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH Civil Rev. 5405 of 2008 Date of decision: 2.9.2009 Sadhu Singh Petitioner vs Charan Singh Respondent Present Mr. KS Rekhi, Advocate Mr. Premjit Kalia, Advocate. M.M.S.BEDI,J. The plaintiff-respondent, being purchaser from mortgagers Kulwant Singh and others of land measuring 4 kanals sought redemption under Section 4 of the Redemption of Mortgages (Punjab) Act 1913 ( for short 'the Act') by depositing a sum of Rs.20,000/-. The said application of the respondent was allowed by the Collector. However, a typographical error was committed while preparing the order in an application u/s 4 of the Act as in place of Collector, the designation was mentioned as Assistant Collector Ist Grade, whereas the officer was exercising the powers of Collector, in accordance with law. The Commissioner, Jalandhar Division had, in an appeal filed by the petitioner, permitted the error to the rectified by remanding the case back to S.D.M., Amritsar-II. The Collector vide order dated 29.11.2007 made the necessary correction and issued warrant of possession. The petitioner filed a suit for injunction challenging the order of issuance of warrant of possession dated 14.11.2006 in the Civil Court and sought an interim injunction under Order 39 Rules 1 and 2 CPC to restrain the defendant- respondent from dispossessing him. The said Civil Rev. 5405 of 2008 2 application was dismissed by the trial court. An appeal preferred against the said order under Section 43(i)(r) CPC was also dismissed by the learned District Judge, Amritsar. Learned counsel for the petitioner has argued that the Commissioner, Jalandhar Division did not have any jurisdiction to order the rectification of the order passed by the Assistant Collector Ist Grade, as such the proceedings for delivery of possession to the respondent would be nullity in the eyes of law. After hearing learned counsel for the parties and going through the facts and circumstances of this case, I am of the opinion that SDM Amritsar had a jurisdiction as Collector to pass an order of redemption under Section 4 of the Act. Vested with the said powers, he had passed order dated 14.11.2006. However, on account of a clerical mistake, his designation was described as Assistant Collector Ist Grade. The Commissioner, Jalandhar Division, who exercised administrative supervisory powers, had a jurisdiction to order the rectification, as has been done by way of order dated 7.8.2007. Prima facie there does not appear to be any illegality in the order dated 29.11.2007 issuing warrant of possession after the redemption of the mortgage, especially when the defendant- respondent, who has stepped into the shoes of mortgager, had deposited a sum of Rs.20,000/-. No ground for interference is made out. Dismissed. September 2 ,2009 ( M.M.S.BEDI ) TSM JUDGE