B.N.DESHMUKH, S.C.PRATAP
Delta Products (Pvt. ) Ltd. – Appellant
Versus
Industrial Credit and Investment Corporation of India Ltd. & others – Respondent
Based on the provided legal document, the key points are as follows:
The court has the authority to amend a decree under section 152 of the Civil Procedure Code to correct mistakes or errors, including inaccuracies in the description of the property involved (!) [4000026590001].
The mistake in describing the property was an accidental slip or omission, which can be rectified under section 152, especially when it pertains to clerical errors or misdescriptions that do not alter the substantive rights or obligations of the parties (!) (!) (!) .
The correction of such mistakes is justified when it aligns with the original intention of the judgment, and the correction serves the interest of justice without causing prejudice to any party (!) (!) .
The balance of convenience favors amending the decree to reflect the true scope of the property subject to the mortgage charge, thereby enabling the plaintiff to recover the full amount owed (!) .
The court emphasizes that amendments should be made broadly, considering the primary purpose of procedural laws—to do justice between the parties—rather than rigidly adhering to formalities, provided the correction does not alter the fundamental rights or the essence of the judgment (!) (!) .
The court also notes that mistakes arising from copying descriptions from original documents, which do not reflect the actual situation at the time of the suit, can be corrected to accurately represent the property involved (!) (!) .
It is clarified that amendments are permissible even after the decree has been passed, as long as they clarify and reflect the true intent and scope of the original judgment, especially in cases where clerical or accidental errors are identified (!) (!) .
The court dismisses the appeal, affirming that the trial court's decision to amend the decree was correct and consistent with the principles of justice and procedural law (!) .
The appellant's request to appeal to a higher court was refused, and costs were awarded accordingly (!) (!) .
These points collectively highlight the court's approach to correcting clerical mistakes and accidental slips in decrees, emphasizing flexibility and the overarching goal of justice.
2. This is an appeal arising out of an order passed by a learned Single Judge in Notice of Motion No. 485 of 1978 in Original Side Suit No. 686 of 1973. The few facts that should be noted for the purpose of appreciating the order under dispute are these :
3. The plaintiff is the Industrial Credit and Investment Corporation of India and the original defendant No. 1 is Delta Products Pvt. Ltd., which is now in liquidation. By a deed of mortgage dated 12th June, 1964, defendant No. 1 mortgaged all its existing properties, viz., immovable as well as plant, machinery etc., including the future additions of constructions as well as machinery spare parts etc. to the plaintiff. The mortgage shows that the plaintiff was to advance U.S. Dollars 63,000/- to defendant No. 1 for the purpose of importing machinery. By this indenture not only all the existing properties were mortgaged, but a flouting charge was created on all the properties that would be added, whether immovable or movable or otherwise. Not only that but even uncalled for share cap
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