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AJOY KUMAR MUKHERJEE
Minati Ghosh – Appellant
Versus
Chameli Mondal – Respondent
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. One Baidyanat Ghosh was the original owner of the suit plot being no. 1593 under Mouza Gobinda Sarak. Baidyanath sold the said property in favour of Banku Bihari Ghosh, Mathura Mohan Ghosh and Kalidas Ghosh vide registered sale deed in the year 1947 and the plaintiff purchased share of deceased Mathura Ghosh and Bipin Bihari Ghosh in 1981 in the said plot no. 1593 measuring about 10 annas 13 gondas 1 kora 1 kranti i.e. 2/3rd share of original owner Baidyanath. Plaintiff was enjoying the property jointly with the other co-share but as she was facing inconveniences in joint possession, she filed partition suit before the Trial court, being T.S 313 of 1985. In the said suit the plaintiffs prayed for a decree of declaration of his 2/3rd share in the property but in the schedule he described the area of the property as 0.08 decimal. In fact plaintiff being the owner of 2/3rd share is entitled to more or less 8 (7.96) decimal in the suit plot but showing the lesser quantum of land, she sought for declaration in her favour, which may be intentional or unintentional.
2. In the said suit defendant no. 1/petitioner herein filed an application for pre-empti
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.
Correction in Judgment/Decree – mistake made by parties in a deed upon which suit is founded and repeated in judgment, decree or order, may or may not be an ‘accidental slip or omission’ – Court cann....
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....
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.
The court clarified the rights of the parties in the subject property and directed the appointment of a Local Commissioner to effectuate the preliminary decree for partition, in line with the provisi....
A satisfied decree cannot be amended under Section 152 of the C.P.C. as it is considered dead for all practical purposes.
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