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ANIL L. PANSARE
Girish Ramshankar Upadhyay – Appellant
Versus
Anantrai Girishbhai Upadhyay (Dead thr. LRs. ) Rama wd/o Anantrai Upadhyay – Respondent
JUDGMENT :
Heard.
2. The applicants – original defendant Nos. 4, 9 and 10, have filed present application under Section 152 of the Civil Procedure Code, 1908 (hereinafter referred to as the, “CPC”), for amendment of preliminary decree dated 13.10.2003, passed by the Trial Court in Special Civil Suit No. 29/1996.
3. Non applicant No.1 – original plaintiff had filed a suit for partition and separate possession of house property and other properties. The Trial Court decreed the suit and granted 1/5th share each to non applicant No.1 – Anantrai (plaintiff), non applicant no.2 – Arvind (defendant No.1), non applicant No.3 – Vasant (defendant No.2), non applicant No.4 – Sharad (defendant No.3) and applicant No.1 – Girish (Defendant No.4).
4. Applicant Nos. 2 and 3 are sons of applicant No.1. The other non applicants are legal representatives of Arvind, Vasant and Sharad. Anantrai is now represented by his legal representatives.
5. For the purpose of present application, following facts are relevant.
6. One Ramshankar Prabhashankar Upadhyay had, in his lifetime, acquired the suit properties including plot Nos. 88 and 88/1 admeasuring 9122 Square Feet with construction of 2100 Sq. Ft. thereon (s
The jurisdiction to amend a decree confirmed by higher courts lies solely with those courts, not the Trial Court.
A satisfied decree cannot be amended under Section 152 of the C.P.C. as it is considered dead for all practical purposes.
The court ruled that typographical errors in judgments and decrees can be rectified under Section 152 of the Code of Civil Procedure, ensuring accuracy in legal documents.
Section 152 of the Code of Civil Procedure permits correction of clerical errors in decrees to ensure they accurately reflect the court's intention.
Inadvertent clerical errors in judgments can be corrected under Section 152 of the C.P.C. without altering substantive decisions.
Execution of final decree – claim of share - first respondent cannot take shelter under this provision for seeking enhancement when she herself admits to have taken possession and received money by e....
Partition suit - Amendment of the plaint - Shares - In a partition suit court has [the] jurisdiction to amend shares suitably, even if preliminary decree has been passed, if some member of family to ....
A partition suit concludes with the final decree, and parties cannot seek modification of shares based on subsequent legislative changes after the final decree is passed.
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