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RAVI NATH TILHARI
Athmuri Venkateswara Rao – Appellant
Versus
Atmakuri Pramodini Devi – Respondent
| Table of Content |
|---|
| 1. factual background of the eviction case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments on correction of decree's clerical mistake. (Para 8 , 16) |
| 3. court's observations on inherent power to correct clerical errors. (Para 9 , 10 , 12 , 13 , 14 , 15 , 17 , 19) |
| 4. ratio decidendi on correction of clerical mistakes. (Para 11 , 18) |
| 5. final conclusion and dismissal of the civil revision petition. (Para 20 , 21 , 22) |
JUDGMENT :
1. Heard Sri C.B. Adarsh Kumar, learned Counsel for the petitioner and perused the material on record.
2. The plaintiff-respondent filed OS No.482 of 2017 on the file of Principal Junior Civil Judge, Vijayawada for eviction of the defendants (2 in number) in the suit from the suit schedule property and for recovery of arrears of rent and damages from 06.05.2017 till the date of delivery. The suit was decreed on 10.09.2018. The appellant (defendant No.1 in the suit) filed AS No.219 of 2019. The appeal was dismissed by the Court of learned VI Additional Civil Judge (Senior Division), Vijayawada.
3. The Appellate Court passed the following decree.
(ii) that the decree and judgment passed by the Trial Court in
Court's inherent power under Section 152 of CPC allows correction of clerical mistakes in judgments, ensuring parties are not prejudiced by accidental errors.
Correction of error in judgment and decree – In garb of correcting mere clerical and arithmetic errors, Civil Court cannot embark upon reviewing order/judgment/decree passed by it for which a differe....
Civil courts have the inherent power to correct clerical errors and mistakes arising from accidental slips or omissions in judgments, decrees, or orders, including those traceable to the pleadings of....
Application under Section 152 C.P.C. cannot be entertained in execution proceedings to correct errors made by parties; it is limited to mistakes by the court only.
Civil Procedure Code, 1908 – Section 152 – Correction in decree – An unintentional mistake of court which may prejudice cause of any party, must be rectified – If unintentional mistakes could be rect....
The court affirmed that amendments under Section 152 of the Code of Civil Procedure are limited to clerical or arithmetical errors and do not extend to substantive changes affecting the merits of the....
Section 152 CPC allows correction of clerical mistakes in judgments to prevent injustice where a decree may become unenforceable.
The Court affirmed that the Executing Court must execute decrees based on the latest valid judgment while rectifying clerical errors under Sections 47 and 152 of the Code of Civil Procedure.
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