Kodai Misir and others vs Reyazul Haq and others

Under a sale-deed a one anna, 13 gandas odd-share was transferred. A suit for pre-emption was brought professedly to pre-empt the whole property transferred, but the share entered in the plaint was stated to be one anna 3 gandas, odd. A decree followed which repeated the extent of the share as given in the plaint. An appeal was preferred to the District Judge and was pending, when the plaintiff discovered the mistake. He applied to the first Court for the amendment of the plaint and the decree on the ground of clerical error under S. 151, Civil P. C. The Court was satisfied that there was a mistake and amended the plaint and the decree.

There can be no question that the Court had jurisdiction to correct the mistake. It is argued on behalf of the applicant that inasmuch as an appeal was pending from that decree the jurisdiction of the first Court had been ousted. We are unable to accept this contention, the more fact of an appeal being filed does not oust the jurisdiction of the Court. Of course where the decree of the first Court has been affirmed by an appellate Court it becomes merged in the appellate Court''s decree, but that is a quite different case altogether. We therefore see no reason for interference and dismiss the revision with costs.