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2007 Supreme(SC) 1341

S.B.SINHA, HARJIT SINGH BEDI
Niyamat Ali Molla – Appellant
Versus
Sonargon Housing Co-operative Society Ltd. – Respondent


Judgement Key Points

Key Points: - The judgment discusses Section 152 CPC power to correct clerical or accidental slips, with the principle actus curiae neminem gravabit. (!) - It elaborates that Sections 151 and 152 provide inherent powers to amend judgments/decrees but cannot be used to review or resolve controversial points or alter merits; corrections should reflect intended meaning, not re-litigate. (!) - The decision cites authority that a decree may be corrected to carry out the court’s meaning if the correction is necessary to reflect intention, while avoiding changes to the substantive terms of the judgment. (!) - It notes that corrections involving misdescription of property in pleadings/decrees raised by parties may or may not be permissible under Section 152, depending on whether it constitutes an accidental slip or an issue requiring relief under Specific Relief Act. (!) (!) - The Supreme Court in this case holds that amending the decree to insert correct Schedule/land descriptions is permissible only to reflect the court’s intended order and not to substitute one property for another; such corrections are limited and cannot address disputed questions. (!) (!) (!) - The decision emphasizes that amendments cannot be used to modify the terms of the original judgment; if the amendment affects the merits, remedies under appeal, revision, or specific relief must be used. (!) (!) - The appellant’s challenge to amendment of the plaint and decree was considered, with observations that where the correction aligns with the court’s evident intention and is inadvertent, Section 152 may be invoked, but not to resolve contested factual issues. (!) (!)

What is the scope of the court's power under Sections 151 and 152 CPC to amend or rectify a decree or judgment?

What are the limits and conditions for exercising inherent powers under Sections 151 and 152 CPC to correct clerical or accidental slips without altering the merits of the case?

What is the effect of amending a decree when the misdescription of property is involved and whether such amendments can substitute one property for another?


JUDGMENT

S.B. Sinha, J.—

1.Leave granted.

2.Respondent No.1 filed a suit for declaration and possession as also for damages in the Court of Civil Judge (Senior Division) at Baruipur, 24-Parganas (South) in the State of West Bengal. An ex-parte decree was passed against the appellant herein who was arrayed as defendant No.6 in the suit. In the plaint, the suit property was described as under :

“That within the township area 2.09 acres comprising of R.S. Dag Nos.340, 341, 342, 343 and 344 of Mouza Tegharia morefully described in the Schedule A hereunder written and hereinafter referred to as the suit property, is situated.”

3.Plaintiff claimed title over the suit property on the basis of purchases made under two registered deeds of conveyances dated 27.1.1968 comprising of 12 shares of Plot No.340, 341, 342 and 343 of Mouza Tegharia admeasuring 1.39 acres from defendant No.1 and his three sisters. However, in the Schedule of Property, described in the schedule to the plaint, it was stated :

“All that acres of land now developed for Housing Township appertaining to Rs.Dag No. under Khatian Nos. of Mouza Tegharia, J.L. No.6, lying and situate within Sonargaon Park, P.S. Sonarpore, Distric
















































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