Reviewable error on the record justified correction of an inconsistent property declaration and full entitlement

A reviewable error apparent on the face of the record may be corrected where the final declaration conflicts with the pleadings and admitted facts. The appellant's amended objection petition claimed all properties left by the deceased, and the record showed the disputed properties formed part of that estate. The High Court's limitation of the declaration was therefore inconsistent with the record and could be corrected in review, regardless of whether the mistake arose from counsel's oversight or the court's own misapprehension. The appeal was allowed, and the appellant was declared entitled to all properties covered by the gazette notification.

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Issues: Whether the High Court should have corrected, in review, the mistaken limitation placed on the appellant's claim to the properties and whether the appellant was entitled to all the properties covered by the amended objection petition and the gazette notification.

Analysis: The appellant's amended objection petition claimed all the properties left by the deceased, and the record showed that the debtors had admitted that the disputed properties formed part of that estate. The restriction introduced in the High Court's final declaration was inconsistent with the pleadings and the admitted position on the record. An error of that kind was held to be apparent on the face of the record, and the source of the mistake, whether counsel's oversight or the court's own misapprehension, was immaterial to the existence of reviewable error.

Conclusion: The appeal was allowed, and the appellant was declared entitled to all the properties mentioned in the gazette notification, including items 3 to 37.

Final Conclusion: The decision corrected the mistaken narrowing of the appellant's entitlement and affirmed her right to the full property claim established on the record.

Ratio Decidendi: A mistake that is evident from the record and affects the operative declaration can be corrected in review, regardless of whether it arose from counsel's error or the court's oversight.

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