Case Details

Citation(s)
2003 SLG 2698 2003 SLD 2698 2003 CLC 1443
Lahore High Court
Civil Revisions Nos.256 to 259 of 1995 and Civil Miscellaneous Nos.771/C to 774/C of 2001, decision dated: 22-04-2003.
SYED, JAMSHED ALI, J

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BASHIR AHMED and anothers

VS

Mst. ZAKIA JABEEN and 7, others

Law:

Section:

(a) Civil Procedure Code (V of 1908)-------Ss. 151 & 152---Correction of clerical mistakes---Failure to mention new Khasra number in ---Dispute between the parties was related to demarcation of suit property---Local Commission was appointed for demarcation of suit property---Old and new Khasra numbers of disputed property were mentioned in pleadings and in s and decrees passed by the Courts below but inadvertently the Local Commission mentioned only the old Khasra number and the same was mentioned by High Court while deciding the revision petition--­Grievance of the applicant was that omission of new Khasra number being a clerical mistake be corrected---Validity---High Court did not intend demarcation of Khasra numbers as the same were not in dispute in the suit---High Court directed insertion of new Khasra number in the relevant paragraph of the passed in exercise of revisional jurisdiction---Application was allowed. (b) Civil Procedure Code (V of 1908)--- ----S. 152---Accidental slip in ---Correction---Scope--­Jurisdiction to direct correction of accidental slip, omission or clerical mistake vests only in the Court passing the ---Such jurisdiction can be exercised at anytime. Ch. Ishtiaq Ahmad for Petitioner. Malik Waqar Saleem for Respondents. ORDER This order will also dispose of Civil Miscellaneous Nos.771/C of 2001, 772/C of 2001, 773/C of 2001 and 774/C of 2001 in Civil Revisions Nos.256, 257, 258 and 259 of 1995. These applications arise out of the following circumstances. 2. The predecessors-in-interest of the applicants filed separate suits against the revision petitioners for possession of different parcels of land. Their case was that old Khasra Number 539/1 and present Khasra number 347 measuring 2 Kanals, 8 Marlas was confirmed in their favour on R.L.II, Khata No.8 (urban) vide order, dated 26-11-1971 but in their absence, the revision petitioners had encroached upon the said parcels of land and had constructed houses. It was further averred that on the application made to the Tehsildar (Settlement) the demarcation was done on 24-1-1976 and it was found that the revision petitioners had encroached upon the land of the applicants in new Khasra…
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