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ASHOKKUMAR C. JOSHI
Dhanjibhai Veljibhai Chaudhary – Appellant
Versus
Chaudhary Becharbhai Veljibhai – Respondent
JUDGMENT :
ASHOKKUMAR C. JOSHI, J.
1. Rule.
2. This petition under Article 227 of the Constitution of India is filed by the petitioner-original plaintiff praying for to issue writ of mandamus or certiorari and/or any other writ, order or direction in the nature of mandamus or certiorari quashing and setting aside the impugned order dated 17.03.2020 passed by learned Principal Civil Judge, Satlasana, District: Mahesana passed in application preferred below Exhibit 1 in CMA No. 5/2018 (Annexure-A) in the Regular Civil Suit No. 20 of 2015 and further be pleased to pass necessary orders for rectifying/correcting the name of the village from "Sudasana" to "Sadarasan" in the decree dated 03.07.2018 passed in Regular Civil Suit No. 20 of 2015 passed by the learned Principal Civil Judge, Satlasana, District: Mahesana (Annexure-D).
3. Facts in nutshell of the case on hand are that the petitioner herein had filed a Regular Civil Suit No. 20 of 2015 for declaration before the Court of learned Principal Civil Judge, Satlasana, which came to be partly allowed by the judgment and order dated 03.07.2018 and a decree was drawn accordingly, on 14.08.2018. Thereafter, since the petitioner-plaintiff came
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....
Minor clerical errors in legal documents should not lead to unnecessary litigation or the requirement of succession certificates, as they can be corrected to ensure justice.
Amendment of judgment and decree – Power under Section 152 of CPC also extends to error committed by parties in their pleadings.
Substance over technicalities in correction of typographical errors in legal documents.
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....
Section 152 CPC allows correction of clerical mistakes in judgments to prevent injustice where a decree may become unenforceable.
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