IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2881 of 2009 RAMESHWAR SINGH son of late Jit Narayan Singh, Resident of village Ghoswar, P.O. Rajauli, P.S. Hajipur, District Vaishali-----Appellant-Petitioner Versus 1.THE STATE OF BIHAR through the Secretary, Home (Special) Dept., Old Secretariat, Patna 2.The District Magistrate, Patna Collectorate, Patna-----------------------Respondent-opp.parties ----------- 2. 19.2.2010 Heard learned counsel for the appellant- petitioner and learned A.C. to A.A.G.III for the State. The application has been filed under 152 of the Code of Civil Procedure for the correction of figurative clerical mistakes in four paragraphs of the order dated 23.4.2007 of this Court passed in M.A.No.37 of 1995. It is pointed out by learned counsel for the appellant-petitioner that the Arbitrator had awarded compensation for each day for 116 days for which the Bus had been requisitioned treating the income of the bus at the rate of Rs.400/- per day which came to total of Rs.46,400/- and he had also awarded Rs.8552/- on account of damage caused to the Bus during the period of requisition. It is submitted that in the Miscellaneous Appeal before this Court the only point raised was regarding the fixation of compensation with respect to the period of 116 days during which the Bus had been requisitioned 2 and there was no challenge to the compensation awarded for damage caused to the Bus during the said period and the learned Judge had also confined his order to the said aspect of the matter only. It is, thus, submitted that the use of the figure Rs.54952/- instead of Rs.46400/- was unintended and mere clerical mistake because it is only the compensation of Rs.46400/- on account of the requisition for 116 days which has been enhanced to Rs. 1,09,195/-. The said submission of learned counsel for the appellant-petitioner appears to be justified on a consideration of the order dated 23.4.2007 passed in the Miscellaneous Appeal in which no whisper is even made regarding challenge to the compensation of Rs.8552/- awarded on account of damage caused to the Bus. It is, therefore, ordered that the figure Rs.54952/- as used in the third line of paragraph-3, last but five lines and last but three lines of paragraph-8 and the second line of paragraph-9 shall be replaced by the figure Rs.46400/-. So far as the use of the said figure Rs.54952/- in paragraph-1 is concerned, the same appears to be a mere reference to what was awarded as total compensation in Arbitration Case 3 No. 1 of 1992 and thus does not need to be corrected since it pertains to the total compensation in the arbitration case. The application is, accordingly, allowed in terms of the rectification of the clerical mistakes in the order dated 23.4.2007 as held above. (Ramesh Kumar Datta,J.) Spal/