1. ' NADEEM AZHAR SIDDIQI, J.---- By this application the plaintiff has prayed for correction in the order dated 22-2-2007 by which the suit was decreed against defendant No,2 and was dismissed against defendant No,1 with the permission to file fresh proceedings.
2. ' The learned counsel for the plaintiff submits that the defendant No,2 was a pro forma party and the main relief was claimed against defendant No,1 and the learned counsel did not state that suit be disposed of against defendant No,1.
3. ' The defendant No,2 has opposed the application by filing counter-affidavit. The learned counsel for defendant No,2 states that the application has been filed for correction of order but the plaintiff has malafidely sought restoration of whole suit.
4. ' I have heard the learned counsel for the parties and perused the order dated 22-2-2007.
5. ' By invoking section 152 of C.P.C. Clerical or arithmetical mistakes in a judgment, decree or order or error arising therein from any accidental slip or omission may be corrected by the Court. The provision of section 152, C.P.C. Are confined to the correction of the types of errors mentioned therein and that where the order is deliberate and represents the intention of the Court it cannot be said to be mistaken.
6. 'From the order it is apparent that the order for dismissal of suit against defendant No,1 was passed at the request of the learned counsel for the plaintiff and there appears to be no error and mistake in dismissing the suit against defendant No, 1.
7. ' In view of the above, the listed application was dismissed by a short order, dated 18-8-2008 and above are the reasons for the same.