There is no ground in my opinion for restricting S. 152, Civil Procedure Code to mistakes or errors which occur for the first time in the plaint or the subsequent proceedings in Court. This Court has applied S. 152 also to cases where the mistake occurred earlier in the document evidencing the transaction itself and was copied in the plaint and the decree in the suit brought to enforce the transaction [See: Yerramilli Satyanarayana Rao and others v. Kundukuri Purnayya and others(1)]. The Allahabad High Court has taken the view that the section is inapplicable to such cases [See: Shujaatmand Khan and others v. Govind Behari and others(2)] but with all respect I am of opinion that the view taken by this Court is the so under one and I have no hesitation in following it in preference to that of the Allahabad High Court.
On the merits, the Court below has clearly found that the extent mentioned in the mortgage deed which was subsequently copied in the plaint and the preliminary and final decrees was a mistake and this finding cannot be questioned in revision.
The Civil Revision Petition is dismissed with costs.
Petition dismissed.
N.R.R