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NEENA BANSAL KRISHNA
Harmeet Singh – Appellant
Versus
Ravi Inder Singh, Deceased Through Legal Representatives – Respondent
JUDGMENT (Oral)
I.A. 4726/2024 (u/S 152 r/w Section 151 of CPC, 1908 by defendants for modification of Order/Part-Decree dated 04.11.2022)
1. The application under Section 152 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as `CPC'), has been filed seeking modification of the Order/part-decree dated 04.11.2022, passed by this Court.
2. It is submitted by the applicants/defendants that the plaintiffs had instituted a Suit for Recovery of Rs.2,77,25,000/-(Rupees Two Crores Seventy Seven Lakhs Twenty-Five Thousand Only) along with the interest from the defendants in their capacity as legal heirs of Late Shri Ravi Inder Singh.
3. In the part-Decree dated 04.11.2022, it was held as under:
"4. It is the case of the defendants that amount of Rs.95,00,000/-was given as loan by the plaintiffs out of which an amount of Rs.50,95,000/-has been paid to the plaintiffs by Late Ravi Inder Singh. They through Mr. Vashisht concede to the fact that difference between the amounts of Rs.95,00,000/- and Rs.50,95,000/-, i.e., Rs.44,05,000/- need to be paid by the defendants to the plaintiffs.
5. Noting the said submission, the Suit to the extent of recovery of Rs. 44,05,000
The main legal point established is that the liability of legal heirs is limited to the estate of the deceased, as per the plaintiffs' pleadings, and Section 152 of the CPC pertains to arithmetical o....
The corrections made by the Trial Court were found to be clerical in nature and within the scope of Section 152 of CPC.
Amendment of judgment and decree – Power under Section 152 of CPC also extends to error committed by parties in their pleadings.
The main legal point established is the limited scope of revisional jurisdiction under Section 115 of the CPC and the importance of the averments in the plaint in deciding the rejection of a plaint u....
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.
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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