1 WP No.8488/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8488 of 2010 Shri Laxman Shankar Gawade & Ors. ... Petitioners versus State of Maharashtra & Ors. ... Respondents ... Mr. S.V.Pitre i/b Manoj Wadekar & Associates for the petitioners Mr.S.D.Rayrikar AGP for respondent no.1. CORAM : D.G. KARNIK, J DATED : 23rd November 2010 P.C. 1. This petition is directed against an order dated 3 April 2010 passed ion “C” application filed by the petitioner. 2. In a suit bearing No.219 of 1961 filed by the ancestors of the petitioners, a decree for specific performance was passed directing the ancestors of respondent nos.3 to 12 (for short “ancestors of the respondents”) to execute a sale deed in respect of property bearing S.No.952/1 (New S.No.159/1) at Chovisawadi, Tal.Haveli Dist.Pune. On failure of the ancestors of the respondent to execute a sale deed, the sale deed was executed by a Court Commissioner on behalf of the ancestors of the respondents. According to the petitioners, there was an 2 WP No.8488/10 error in writing the survey number of the property in the original plaint and consequently, decree was passed mentioning the survey number mentioned in the plaint. On discovery of the error the petitioners applied to the Court for corrections under section 152 of the Code of Civil Procedure. The trial Court rejected the application. Aggrieved by the order, the petitioners have approached this Court by this petition. 3. In my view, the application was liable to be dismissed for reasons more than one. Firstly, application is barred by limitation. The decree in question was passed on 15 June 1962. The application was made in the year 2009 i.e after a period of 47 years and is barred by limitation. Secondly, there is no error in drawing up of a decree. Whatever the survey numbers were mentioned in the plaint were mentioned in the decree. The petitioner’s ancestors had filed the suit mentioning erroneous survey numbers and consequently the decree was passed in respect of those survey numbers. That cannot be said to be an error which is a clerical or arithmetical mistake in the judgment or decree. It was an error in the plaint itself and not an error in the judgment or drawing up of the decree. Such an error cannot be corrected u/s.152 of the Code of Civil Procedure. There is no merit in the writ petition which is hereby rejected. (D.G.KARNIK, J)