Civil Revision Petition No. 4018 of 2005 · High Court

The petitioner, who is one of the defendants, filed this civil revision petition under Article 227 of the Constitution of India inter alia seeking to assail the correctness of the order, dated 31.01.2001, passed by the learned Additional Senior Civil Judge, Chittoor, in I.A.No.382 of 2000 in O.S.No.120 of 1992, allowing the application filed by the respondents/plaintiffs under Sections 148 and 151 CPC seeking to amend the decree in regard to payment of Court fee. The Court below by taking into consideration the fact that there is a mistake in drafting the decree and that the Court fee was already paid on 20.04.1998, allowed the application. The learned counsel for the petitioner has submitted that the present application is not maintainable at the instance of only one of the plaintiffs and not supported by others. He also submitted that there is long delay in filing the present application, which has not been explained. He therefore contended that the Court below ought not to have allowed the application. Taking into consideration the submissions and on perusal of the material, it is seen that no doubt there was a stipulation with regard to payment of Court fee in the judgment, but the decree was silent about the same. For the applications filed under Sections 148 and 151 CPC, there is no prescribed time in any of the Articles under the Limitation Act, 1963 or even under the CPC. In view of the same and especially having found that the mistake is on the part of the Court itself, the order under revision does not warrant interference of this Court under Article 227 of the Constitution of India. The civil revision petition is devoid of merits and it is accordingly, dismissed. No costs. Date:19.08.2010 VGB __________________ B.PRAKASH RAO, J