P&H HC Corrects Compromise Decree: 162×102-Foot Plot Was Split Into Two 81×102-Foot Portions

The petitioner sought correction under Section 152 CPC of a judgment and decree recording the terms of a compromise disposing of an appeal.

The application requested, among other corrections, that the plot’s dimensions be stated as 162 feet × 102 feet rather than 81 feet × 102 feet.

The Additional District Judge corrected the compromise date but declined the requested correction to the dimensions.

In the revision, counsel confined the challenge to that dimensions issue.

The supplementary compromise and site plan showed a plot measuring 162 feet × 102 feet, divided equally into two portions of 81 feet × 102 feet each.

Section 152 CPC permits correction of clerical or arithmetical mistakes, and errors arising from accidental slips or omissions, in a judgment, decree, or order.

The Court also exercised its supervisory jurisdiction under Article 227 of the Constitution of India.

The supplementary compromise and site plan established that the entire plot measured 162 feet × 102 feet and was divided equally, leaving each party with a portion measuring 81 feet × 102 feet.

The decree’s description treated 81 feet × 102 feet as the dimensions of the whole plot, thereby misstating the agreed property.

The Court found this discrepancy to be an inadvertent clerical and typographical error in recording the compromise terms, warranting correction so the decree conformed to the parties’ agreement.

The remaining matters were not part of the relief pursued in the revision; pending miscellaneous applications were disposed of.