Kapur, J. - (1.) This is an application for leave to appeal to the Supreme Court against a judgment and decree of this Court passed on the 8th September, 1952 (See AIR 1953 Punj 177) reversing the decree of the District Judge.
(2.) This application arises out of Regular Second Appeal No. 327 of 1948 (See AIR 1953 Punj 177) which was brought by Mst. Jeo against Ujagar Singh against a decree passed by District Judge, Sri Ram Puri, dated the 21st November, 1947. The parties' names in the Regular Second Appeal were: "Mst. Jeo daughter of Jowala Singh, wife of Gulab Singh, caste Jat of Mauza Walla, Tehsil and District Amritsar, Versus Ujagar Singh, son of Sant Singh, caste Jat, of Mz. Sultan-wind Tehsil and District Amritsar, -Respondent." In the application for leave to appeal to the Supreme Court which was filed in this Court the parties' names were as follows and it began "In R. S. A. 327 of 1948." "Mst. Jeo daughter of Jewala Singh W/O Gulab Singh. Caste Jat, of village Wallah, Tehsil and District Amritsar ..................... Plaintiff- Appellant, Versus Ujjar Singh son of Sant Singh, Caste Jat of Mauza Sultan Wind, Tehsil and District Amritsar, Defendant-Respondent." Written on the margin is the following: Correction made vide order dated 26-3-53 of Kapur, J. The stamp which under the rules has to be in the name of the person who is filing the application was in name of Mst. Jeo, daughter of Jawala Singh, of Walla, District Amritsar. The petition began as under: "Petition of Ujjar Singh, under Article 133 of the Constitution of India, for leave to appeal to the Supreme Court of India against the decree dated 8-9-52 in the above appeal humbly showeth that". In the petition it was stated that Mst. Jeo's appeal had succeeded in this Court and the decree of the District Judge had been reversed & in paragraph 6 it was stated that the petitioner wanted to prefer an appeal against the decree of this Court and a certificate was prayed for. In the grounds of appeal it was made quite clear that it was Ujagar Singh who was attacking the decree of this Court.
(3.) On the 13th of March 1953 Mr. Chiran-jiva Lal Aggarwal made an application to this Court stating that the petitioner had come to know that the summons had been served on him rather than on Mst. Jeo because of a clerical error and that this was due to a 'bona fide' mistake of his clerk in buying the court fee stamp in a wrong name and he asked for the correction of names which I allowed on the 26th March in the following words: "Granted subject to just exceptions";