High CourtsSingle Bench(1921) 01 PAT CK 0001

Mewa Sahu and Others vs Jhonti Singh and Others

Patna High Court · Decided on 14 January 1921 · Citation: AIR 1921 Patna 306 : 63 Ind. Cas. 840

HON’BLE JUDGES
Das, J

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

2 paragraphs · 118 words

Das, J.—The learned Munsif in the Court below has taken an entirely incorrect view of Section 152, Civil Procedure Code. He had no doubt whatever that the Court did make a clerical mistake in the matter. His sympathies were with the decree-holder, but he thought that the word "Court" in Section 152, Civil Procedure Code, means the particular presiding Judge, who may have made the mistake. This is wholly incorrect. The word deliberately used in Section 152 is "Court" and not "Judge," and "Court" must always mean Court, whoever may be the presiding officer of the Court.

2.

I allow this application, set aside the order of the learned Munsif and direst him to proceed according to law.