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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Devashis Baruah
Jogen Sarma @ Jogen Chandra Sarma @ Jogendra Chandra Sarma, S/o- Late Rabidev Sarma – Appellant
Versus
Dhrubajyoti Sarma, Son Of Late Haren Sarma – Respondent
| Table of Content |
|---|
| 1. challenge to trial court's order (Para 1 , 2) |
| 2. arguments on decree execution issues (Para 3 , 4 , 5) |
| 3. summary of prior decrees and proceedings (Para 6 , 7 , 8 , 9) |
| 4. execution of relevant decrees detailed (Para 10 , 11 , 12) |
| 5. application of supreme court's judgment on execution (Para 13 , 14) |
| 6. conclusion and directions on execution process (Para 15) |
JUDGMENT :
Devashis Baruah, J.
Heard Mr. C. Goswami, the learned counsel appearing on behalf of the petitioner. Ms. D. Devi, the learned counsel appears on behalf of the respondents.
2. The petitioner herein has approached this Court by challenging the order dated 18.12.2024 passed in Misc(J) Case No. 70/2023 by the learned Court of the Civil Judge (Junior Division) No. 1, Darrang, Mangaldoi (hereinafter referred to as, “the learned Trial Court”). It is seen that vide the order dated 18.12.2024 the application so filed by the petitioner under Section 152 of the Code of Civil Procedure, 1908 (for short, “the Code”) was rejected on the ground that the learned Trial Court could not have made correction to the decree dated 23.01.1982 inasmuch as the decree was passed by learned Court of the Civil Judge, Darrang, Mangald
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.
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....
Application under Section 152 C.P.C. cannot be entertained in execution proceedings to correct errors made by parties; it is limited to mistakes by the court only.
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....
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 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....
The Executing Court has jurisdiction under Section 47 of the Code to address ambiguities in land boundaries to facilitate proper execution of decrees.
The amendment of a decree must align with the original judgment and cannot be made without notice to affected parties, as it violates principles of natural justice.
Section 152 CPC allows correction of clerical mistakes in judgments to prevent injustice where a decree may become unenforceable.
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