Chingoron Keloth Narayanan Nair vs Chingoron Keloth Devaki Amma and Others

Horwill, J.—matter in dispute between the parties was referred during the pendency of the suit to arbitration. The arbitrators submitted an

award and in accordance with that award a decree was passed. The present petition is against an order of Court amending the decree u/s 152 of

the Code of Civil Procedure. The petitioners in the lower Court alleged that certain clerical mistakes had entered into the proceedings of the

arbitrators and that the lists furnished by them were incorrect in a few particulars. The learned Munsiff called upon the arbitrators to submit a report

whether the mistakes alleged by the respondents had occurred; and they submitted a report to the effect that the errors referred to in the petition

had inadvertently crept into the award. On that report the petition Of the respondents was allowed.

There can be little doubt that the Court which amends its decree on account of a clerical or accidental slip or omission must be itself satisfied

that such a slip or omission has occurred; and it can only be satisfied either because, from a perusal of the award and decree, the slip or omission

was obvious on the face of the record, or because of evidence before the Court. It is not here contended that it was not open to the Court to

examine the arbitrators and to form an opinion for itself whether this slip or omission had occurred. Objection has been taken only to the

procedure adopted by the Court. I have no doubt that the petitioner here is justified in his contention that the lower Court had no jurisdiction to

amend the decree in the absence of evidence that an accidental slip or omission had been made by the arbitrators.

This petition is allowed and R.M.P. No. 872 of 1942 remanded for fresh disposal on affidavits or evidence. The costs of this petition will abide

the result.