mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1359 of 2008 Mrs.Munidevi B. Bagrechha & ors. .. Appellants versus Union of India .. Respondent ... Mr.C.M. Jha for the appellants. CORAM : D.G. KARNIK, J DATED : 29th September 2008 P.C.: 1. This appeal is directed against the judgment and order dated 3rd April 2008 passed by the Railway Claims Tribunal in Miscellaneous Application no.63 of 2006. 2. The Misc.Application no.63 of 2006 was made before the Railway Claims Tribunal (for short ’the Tribunal’) for correction of an error u/s.152 of the Code of Civil Procedure. In the said application, it was alleged that the name of applicant no.4 was wrongly typed in the judgement as Mr.Karana B. Bagrechha instead of the correct name which was Ms.Karuna @ Sangita B. Bagrecha. The Tribunal has refused to correct the name on the ground that in the original claim application no.2 of 2002 itself the name of applicant no.4 was mentioned as Mr.Karana B. Bagrecha. The Tribunal has observed that the order dated 4th August 2006 passed by it was in accordance with the records of the Tribunal in which the name of the applicant no.4 was mentioned as Master Karana and not as Miss Karuna @ Sangita. 3. From the order of the Tribunal, it is clear that the mistake not was at the end of the Tribunal but was at the end of the applicants themselves in writing the name in the original application. Section 152 applies for correcting errors in the judgement. It does not apply for correcting the errors in the original application or the plaint. If an error arises in the original application (plaint) itself, the applicants must apply for amendment of the original application (plaint). 4. Learned counsel for the appellant referred to and relied upon decision of the Punjab High Court in Mohinder Singh & Ors. Vs. Teja Singh & Ors. reported in AIR 1979 47 and decision of the Gauhati High Court in Assam Tea Corporation Ltd. Vs. Narayan Singh & Anr. reported in AIR 1981 Gauhati 41 and submitted that even an error in the original application can be corrected u/s.152 of the Code of Civil Procedure. In the case of Mohinder Singh Vs. Teja Singh (Supra) the learned Judge has referred to the decision of Bela Debi Vs.Bon Behary Roy reported in AIR 1952 Cal 86. Therein, the Calcutta High Court has clearly held that the court cannot correct an error anterior to the proceeding before it. The error which in the present is anterior in time and in fact has occurred in the application itself. In the circumstances, that error cannot be corrected u/s.152 of the Code of Civil Procedure. In my view, therefore, Tribunal was right in refusing to correct the alleged error u/s.152 of the CPC. 5. There is no merit in the appeal which is hereby dismissed summarily. (D.G. KARNIK, J)