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SHAILESH P. BRAHME
Balkrishna, s/o. Vasudevrao Naik – Appellant
Versus
Indubai, w/o Baburao Borphale – Respondent
JUDGMENT :
Heard learned counsel Mr. V. C. Solshe for the petitioner and learned counsel Mr. M. L. Dharashive for the respondent Nos. 2 to 4. None appears for the remaining respondents.
2. Rule. Rule is made returnable forthwith. Heard the parties finally at the admission stage.
3. The petitioner is challenging an order dated 05.07.2011 passed by the learned Principal District Judge, Latur in Misc. Civil Application No. 12/2007 thereby allowing the application and permitting to amend decree passed by the Appellate Court.
4. The petitioner is the original defendant No. 3. The respondent Nos. 2 to 4 had filed R.C.S. No. 170/1976 for partition and possession against the husband of the respondent No. 1 namely Baburao, the respondent No. 1 – Indubai and the purchasers including the present petitioner. The suit was decreed on 30.07.1980 by the Trial Court. The operative part of the judgment is as follows :
The suit of the plaintiffs is partly decreed with proportionate costs.
(1) Plaintiffs are hereby declared owners having 4/6th share in the suit property agricultural land and house except 3 acres land out of 40/A which is in possession of Defendant No. 3.
(2) Plaintiffs are entitled to
A satisfied decree cannot be amended under Section 152 of the C.P.C. as it is considered dead for all practical purposes.
The power under Section 152 of the CPC allows for corrections of clerical mistakes, not substantive changes, emphasizing that omissions affecting case merits require appeals for rectification.
Inadvertent clerical errors in judgments can be corrected under Section 152 of the C.P.C. without altering substantive decisions.
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.
The jurisdiction to amend a decree confirmed by higher courts lies solely with those courts, not the Trial Court.
Correction of arithmetical and typographical errors in decree can be done even without amending plaint schedule.
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