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

1979 Supreme(Ker) 181

P.JANAKI AMMA, K.GOPALAN NAMBIYAR, SUBRAMONIA.IYER
KANNAN – Appellant
Versus
NARAYANI – Respondent


Judgment :-

1. S.152 of the Code of Civil Procedure empowers a court either on its own motion or on the application of any of the parties to correct, at any time, clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission. Is a court competent to exercise this power of correcting its own judgment, decree or order in cases where such decree, judgment or order has been the subject of appeal to the higher court even if such court merely confirmed the judgment, decree or order of the lower court? Our learned brother Vadakkel J. before whom this revision came up felt that the view expressed by a Division Bench of this Court in Malayalam Plantations Ltd. . Varkey Chacko (1969 KLT. 710) that the Court of first instance has inherent power to correct accidental slips and errors committed by it as envisaged under S.152 of the Code despite the fact that the decree and judgment of that court have been confirmed, varied or reversed by the appellate court called for consideration by a larger Bench. The case came on reference to the Division Bench. The matter was referred to a Full Bench as the Division Bench felt that it was 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