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MAHENDAR KUMAR GOYAL
Rajasthan State Road Transport Corporation – Appellant
Versus
Mahaveer Prasad – Respondent
ORDER :
Mahendar Kumar Goyal, J. - This revision petition is directed against the order dated 19.01.2023 passed by the learned Upper Civil Judge No.2, Jaipur Metropolitan-I, Jaipur (for brevity "the learned executing Court") in Case No.41/2022 whereby, an application filed by the applicants/judgment debtors/defendants (for short "the defendants") under Section 152 read with Section 151 CPC, has been dismissed.
2. The relevant facts in brief are that in the execution petition filed by the respondent/decree-holder/plaintiff (for brevity "the plaintiff") for execution of the decree dated 21.01.2013 passed by the learned Upper Civil Judge (Junior Division) No.2, Jaipur Metropolitan-I, Jaipur (hereinafter referred to as "the learned trial Court") in Civil Suit No.182/2011 whereby, the decree-holder was held entitled for the second selection scale of 5500-150-8000, i.e., the pay scale of the next promotional post of Traffic Inspector, claiming that the plaintiff was not entitled for the aforesaid selection scale, an application under Section 152 read with Section 151 CPC was filed by the defendants praying therein that the decree be modified/corrected accordingly. The application has b
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....
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....
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....
The main legal point established in the judgment is that the powers under Section 152 of the CPC are limited to correcting clerical or arithmetical mistakes and cannot be used to alter the terms of t....
The main legal point established in the judgment is that the powers under Section 152 of the CPC are not to be equated with the power of review and cannot be used to alter the terms of the original j....
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.
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