Clerical omission in mortgage decree amendment upheld where the decree was corrected to match the property already in suit.

A decree may be amended to correct a clerical omission where the suit was founded on a mortgage-deed already forming part of the plaint and the relief claimed was sale of the mortgaged property specified in that deed. The failure to set out the property at the foot of the plaint and in the preliminary and final decrees did not introduce new subject-matter, and the defendant had sufficient notice of the property in issue. The refusal to correct the decrees was therefore unsustainable, and the decrees were directed to be amended to conform to the mortgage-deed and the original relief claimed.

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Issues: Whether the preliminary and final decrees could be amended to insert the particulars of the mortgaged property as stated in the mortgage-deed in suit.

Analysis: The suit was founded on the mortgage-deed, which formed part of the plaint, and the relief sought was sale of the mortgaged property specified therein. The omission to detail the property at the foot of the plaint and in the decrees was only clerical. The proposed amendment did not introduce any new property beyond the subject-matter of the suit, and the defendant had sufficient notice of the property sought to be sold.

Conclusion: The amendment was permissible, and the refusal to direct correction of the decrees was unsustainable. The revision was allowed and the preliminary and final decrees were directed to be amended accordingly.

Final Conclusion: The order rejecting amendment was set aside, and the decrees were corrected so as to conform to the mortgage-deed and the relief originally claimed.

Ratio Decidendi: A decree may be amended to correct a clerical omission so that it accurately reflects the mortgaged property already in suit and originally claimed, without treating the amendment as enlargement of the suit or requiring fresh defence on new subject-matter.

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