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State of Kerala v. Bindhu

Clerical Error Whether the correction made by the Additional Tahsildar consequent to the clerical mistake occurred in conversion from cubic metres to metric tonnes a review under law ? Held, arithmetical or clerical mistakes can always be corrected by the judicial, quasi judicial and administrative authorities, which can never be treated as a review in the eye of law, causing any manner of prejudice to the person in question. This is basically for the reason that there is no material alteration to the fundamental findings at all.

One does not have to grope in the dark to find a source of law in synonymous situations because section 152 of the Code of Civil Procedure takes care of such corrections, which specifies that clerical or arithmetical mistakes in Judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the court either on its own motion or on the application of any of the parties. We do not think the situation in the case at hand is in any manner different from the said enabling provision. Therefore we have no hesitation to hold that the Judgment of the learned single Judge requires interference. Resultantly appellants are entitled to succeed in the appeal.