MULCHAND DCSHLAHRA Vs. MOHAMMAD GAFAR

JUDGEMENT

(1.) This application which is filed under section 151 Civil Procedure Code, was at the time of hearing, pressed as an application for review also.

(2.) The applicants are plaintiffs in an ejectment suit. The trial Court framed certain additional issues (Nos. 1 to 4) which according to the applicants, related to applicants' title to the suit land. They, therefore, filed a revision before this Court seeking to delete those issue. The matter was registered as Civil Revision No. 884 of 1978. It was decided by me vide order dated 29.6.79. The relevant part of that order reads :

(3.) It appears that thereafter the applicants 6.7.1981 made an application before the trial Court mentioning the fact of additional issues l and 4 being deleted by the order of this Court. The non-applicants seem to have moved, in their turn, for appointment of a commissioner to measure the land in their occupation presumably in order to prove additional issue No. 3. That application was allowed and the commissioner was accordingly appointed. That gave rise to another revision before this Court. It is Civil Revision No. 9 of 19922 decided on 7.7.1983. In the order passed in that revision it is specifically mentioned that in spite of being agitated earlier, additional issue No. 3 was not deleted and, therefore, the issuance of commission was justified. That led to the filing of the present application as it is stated that not all the four additional issues but issue Nos. 1 and 4 alone have been deleted. It is, therefore, urged that all these issues were agreed to be deleted and by typographical mistake, only issues 1 and 4 (two only) are shown as deleted. A correction in that order is accordingly prayed for. The application is vehemently opposed.