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N. J. JAMADAR
Rahul Trading Corporation – Appellant
Versus
Bernard Anthony Pereira – Respondent
ORDER :
1. The Applicants/original Plaintiffs have preferred this application to rectify the typographical mistakes/clerical errors in the name of Defendant No.5 in the cause title and the description of the suit property in the schedule of drawn up Consent Decree dated 28 April 1982 in Suit No.2134 of 1981 in exercise of the powers under Section 152 of the Code of Civil Procedure, 1908 (‘the Code’).
2. The Applicants had instituted suit against Defendant Nos.1 to 13 for a decree of specific performance of agreement for sale dated 27 November 1978, supplemental agreement dated 14 December 1979 and agreement dated 28 March 1980, of all the properties situated at CTS No.419, 419(1-20) and Survey No.474, Hissa No.2 of Malad, Mumbai (‘the suit property).
3. Defendant Nos.1 to 11 entered appearance through Shri Shelke, Advocate. Eventually, on 28 April, 1982 pursuant to the settlement arrived at between the Plaintiffs and Defendant Nos.1 to 13, Consent Terms were executed by the Counsel for the Plaintiffs, Defendant Nos.1 to 11, and Defendant Nos.12 and 13 for and on behalf of the Plaintiffs and Defendants. The Consent Terms, inter alia, provided for a decree in terms of prayer clause (a)
Correction of arithmetical and typographical errors in decree can be done even without amending plaint schedule.
Correction of arithmetical and typographical errors in decree can be done even without amending plaint schedule.
Clerical errors in judgments or decrees can be corrected under Section 152 of the Civil Procedure Code, even if they originated from the pleadings, to ensure justice and accuracy in legal documentati....
Amendment of judgment and decree – Power under Section 152 of CPC also extends to error committed by parties in their pleadings.
Section 152 CPC allows correction of clerical mistakes in judgments to prevent injustice where a decree may become unenforceable.
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....
Courts have the inherent power to amend the decree to bring it in conformity with the judgment, and there is no period of limitation for filing an application under Section 152 of CPC.
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