Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE N. J. JAMADAR
Ramprabhu Gopinath Kapse – Appellant
Versus
Shevantabai Baburao Kapse – Respondent
JUDGMENT :
N.J. JAMADAR, J.
1. Rule. Rule made returnable forthwith and with the consent of the learned Counsel for the parties, heard finally.
2. The petitioner – original defendant takes exception to an order dated 26th October, 2018 passed by the learned District Judge, Barshi, on an application filed under Section 152 of the Code of Civil Procedure, 1908 (“the Code”) for amendment in the judgment and decree passed in Regular Civil Appeal No.204 of 1986, whereby the said application was allowed and paragraph No.2 of the judgment and operative part of the decree were ordered to be corrected.
3. Shorn of unnecessary details, the background facts leading to this petition can be stated as under:
3.1 The respondent instituted a suit for recovery of possession of the properties bearing Block Nos.593 and 535 situated at Javalgaon, Vairag, Taluka Barshi and mesne profit. The suit properties were described as Block No.593 and Block No.535 with a suffix “1/2 share”. By a judgment and order dated 30th January, 1986, the learned Civil Judge was persuaded to dismiss the suit returning a finding that the defendant proved that he had perfected his title to the suit land by way of adverse possession
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....
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....
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 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....
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.
A satisfied decree cannot be amended under Section 152 of the C.P.C. as it is considered dead for all practical purposes.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
