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Sankuratri Timmayya v. Rajah Uppalapati Venkata Vijaya Gopalaraju Bahadur Zamindar Garu

Sankuratri Timmayya v. Rajah Uppalapati Venkata Vijaya Gopalaraju Bahadur Zamindar Garu

(High Court Of Judicature At Madras)

| 06-03-1914

1. The District Judge acted with material irregularity in not correcting the patent arithmetical error in the calculation of the Vakils fees and we correct that error by inserting Rs. 10 instead of Rs. 20 as the Vakils fees due to the respondent before us in his capacity of appellant in Appeal Suit No. 113 of 1911 in the Godavari District Court. Even if Section 115, Civil Procedure Code, does not apply we think that such patent clerical or arithmetical errors committed by the lower Courts could be corrected by us under the general powers of superintendence vested in us under the Charter Act, Section 15.

2. As regards the District Judges having, awarded proportionate costs in the District Munsifs Court also, on Rs. 600 and odd, though the District Munsif awarded the Vakils fees alone to the respondent on that amount and the respondent had not appealed to the District Court in respect of the other costs (such as process-fees, etc.) disallowed by the Munsif, the District Judge justifies such award, of excess costs under the powers vested in the Appellate Court under Order XLI, Rule 33.

3. Even if he was wrong in that opinion, that is not an error which could be corrected u/s 115, Civil Procedure Code, especially as Section 115 applies only to cases where no appeal lies to recover to the High Court, and the appellant could have appealed against the order awarding the excess costs passed by the District Judge. This petition is allowed as regards the Rs. 10 and is dismissed in other respects. The parties will bear their own costs in this petition.

Advocate List
Bench
  • HON'BLE JUSTICE SESHAGIRI AIYAR, J
  • HON'BLE JUSTICE SADASIVA AIYAR, J
Eq Citations
  • 24 IND. CAS. 878
  • AIR 1914 MAD 143 (1)
  • LQ/MadHC/1914/115
Head Note

Civil Procedure Code, 1908 — S. 115 — Superintendence powers of Supreme Court under Charter Act — General powers of — Nature of — Patent clerical or arithmetical errors — Correctable under — Charter Act, 1833, S. 15