SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2019 Supreme(Pat) 843

ASHWANI KUMAR SINGH
Md. Akbar Ali Khan S/o Yar Ali Khan – Appellant
Versus
Mostt. Parasmani Devi W/o Late Anant Lal Yadav – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rajeeva Roy, Advocate.

JUDGMENT :

Heard learned counsel for the petitioner and learned counsel for the State.

2. This application has been filed under Article 227 of the Constitution of India has been filed by the petitioner for setting aside the order dated 20.02.2018 passed by the learned Sub-Judge-1, Purnea in Misc. Case No.3 of 2016 whereby the application of the petitioner for making certain corrections in the decree passed in Title Suit No.267 of 1999 has been rejected.

3. Learned counsel for the petitioner contended that there is discrepancy in the area of plots mentioned in the decree passed in Title Suit No.267 of 1999. He has contended plaintiff-opposite parties (respondent herein) did not appear in Misc. Case No.3 of 2016 despite repeated notices and substituted services effected upon him. Hence, the Misc. Case No.3 of 2016 proceeded ex parte for hearing. In absence of any objection with regard to the proposed correction in the decree by the plaintiff-opposite parties, the court below ought to have allowed the application filed by the petitioner. It has erred in exercising the jurisdiction conferred upon it in effecting correction in clerical errors crept in regard to description of the land in t

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    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

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top