1. This Rule is directed against an order of the Munsif rejecting an application which purported to be one under Sections 151 and 152 of the CPC, for the correction of the decree in Title suit No. 169 of 1987. The petitioner's case is that he has title to a specific portion of plot No. 868 the particular portion being on the east. This, was set out in the plaint but in the schedule; it was described as the west.
2. The decree has given him the western portion. Obviously the application under S. 152 was entirely misconceived. The petitioner would have to make out a case under S. 151. He could not possibly ask for the correction of the judgment and decree, because the mistake is in the plaint. Without amending the plaint and thereby reopening the defence he could not get any relief at all. The only prayer which could reasonably be made under S. 151 would be that in the peculiar circumstances of the case, the decree he obtained in that suit should be set aside and that he should be allowed to amend the plaint and have the case retried. No such prayer was made. As the prayer which he made was properly rejected, the only thing for him to do now is to amend the plaint in the present suit. The rule is discharged. I make no order as to costs.
V.W/D.H
3. Rule discharged.