Das, J.:— It has been contended before us that the learned Subordinate Judge had no jurisdiction to amend the decree after an appeal was taken from that decree to the appellate Court.
2. In my opinion the contention is one which it is not possible for us to accept. There is very high authority for the view that a Court of law has authority over its own record and it may amend the record even after an appeal is brought: Mellish v. Richardson (1). The Calcutta High Court in the case of Kumud Nath Roy Choudhury v. Rai Jatindra Nath Choudhury (2) relied upon the decision to which I have just referred for coming to the conclusion that where the Court would otherwise have the authority to amend the judgment it may do so even after an appeal has been taken. I entirely agree with the view which was taken by the Calcutta High Court in the case to which I have just referred. This application must be refused with costs. Hearing fee one gold mohur.
3. Ross, J.:— I agree.
4. Application rejected.