IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.812 of 2007 BABUCHAND YADAV & ORS Versus BACHOO YADAV & ORS ----------- 7 8/7/2008 Heard counsel for the petitioners and counsel for the opposite parties. The petitioners are aggrieved by the order dated 1.9.2006 wherein application of the opposite parties with regard to omission in the decree in plot no. 351 has been allowed. From perusal of the report of the Pleader Commissioner filed by the petitioners through a supplementary affidavit it is clear that the share and thakhta attributed to the plaintiffs-opposite parties of this case has been shown in the map of three villages, namely, Makdumpur, Kanholi and Madanpur with green colour. Grievance of the petitioners is that even though there was clear description in the part of the narrative portion of the report of the Pleader Commissioner dated 8.1.2002 in the map that was submitted by the Pleader Commissioner, a portion of plot no. 351 was not shown in the green colour and therefore prayer was made before the court below to make correction which according to the plaintiffs was a clerical error. The court below after considering materials on record and after looking into the report of the Pleader Commissioner had clearly recorded that in the final Thakhta Bandi the areas to be given in the share of the plaintiffs- petitioners were duly marked in green colour, but 2 some how in plot no. 351 the area was not shown in green colour. The court below, however, taking into consideration the judgment and decree showing the share of plaintiffs- opposite parties wazs 37- 1/2 decimals had directed for identifying the said portion by putting green colour in the decree. In the opinion of this Court, this being the purely clerical error as gathered from the connected records including the report of the Pleader Commissioner was correctly rectified by the court below in the impugned order. There is no scope for interference of this Court as against such impugned order which does not suffer from any material irregularity or jurisdictional error. There is thus no merit in this application and the same is accordingly dismissed. ( Mihir Kumar Jha, J.) Abhay Kumar