JANG SINGH vs BRIJLAL AND ORS.

The Supreme Court held that a litigant should not suffer due to a clerical error made by the court. In this case, the appellant was directed to deposit Rs. 5951/- but deposited Rs. 4950/- due to a mistake in the challan prepared by the court clerk. The Court ruled that since the appellant was illiterate and the error was largely caused by the court, he should be excused for the short deposit. The Court emphasized that no act of court should harm a litigant and ordered the appellant to deposit the remaining Re. 1/- to restore him to his rightful position under the decree for pre-emption.