KHUB RAM (DEAD) THROUGH LRS v. OM PARKASH

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO .14852 /2024 [@ SLP [C] NO.14227/2024]

KHUB RAM (DEAD) THROUGH LRS & ANR. Appellant(s)

OM PARKASH & ORS. Respondent(s)

Leave granted.

The impugned order has been passed on the purported

consent given by the learned counsel appearing for the

appellant before the High Court. This consent given was

only for the purpose of correcting a clerical error. The

impugned order is not even a review. The High Court

adopted its own procedure, which is contrary to law by

reviewing its earlier judgment without an actual petition

for review, on the premise that the clerical error is being

corrected. There is neither a clerical error nor has any

consent been given for re-hearing the matter on merits.

In such view of the matter, the impugned judgment

cannot be sustained in the eye of law. Accordingly, the

impugned order stands set aside and the judgment of the

High Court dated 11.05.2023 stands restored.

However, taking into consideration the fact that there

was a consent for correcting the mistake committed by way

of a clerical error, and in view of the pendency of the

present proceedings, we are inclined to apply Section 14 of

the Limitation Act, in which case liberty is granted to the

respondent(s) to challenge the order dated 11.05.2023

passed by the High Court...