Hemant Gupta, J. - (1.) DEFENDANT No. 1 is in revision aggrieved against the order of the learned trial Court dated 25.8.2004 whereby an application for correction of the judgment and decree was declined.
(2.) THE grievance of the petitioner is that in a suit for declaration, the shares of the parties in the land were incorrectly mentioned and such mistake was not noticed while filing the written statement and consequently the decree was passed. Therefore, the shares of each of the parties are required to be corrected. It has been pointed out that as per the family settlement, plaintiff No. 1 has 286 shares, plaintiff No. 2 has 313 shares and plaintiff No. 3 has 230 shares out of 1217 shares, whereas defendant has 160 out of 1217 shares. In view of the said mistake, the petitioner has requested for the correction of the shares of the parties.
(3.) THE shares of the parties, as mentioned above, are not disputed by learned Counsel for the plaintiffs -respondents before this Court, but it is argued that the application for correction of the judgment and decree has been filed after 9 years of passing of the decree which is not permissible.;