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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Durga – Appellant
Versus
Sanjeev Kumar – Respondent
| Table of Content |
|---|
| 1. counterclaim victory omitted from judgment and decree. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments on clerical mistake versus substantive error under sec 152. (Para 8 , 9) |
| 3. procedural history of appeals and suit withdrawal. (Para 10 , 11) |
| 4. omission to grant counterclaim relief not correctable under section 152 cpc. (Para 12 , 13 , 14 , 15) |
| 5. lakshmi ram permits sec152 for accidental decree-judgment mismatch. (Para 16) |
| 6. srihari limits sec152; precedents inapplicable to case. (Para 17 , 18) |
| 7. petition dismissed for lack of merit. (Para 19) |
By way of this petition, the petitioners have, inter alia, prayed for the following relief:-
It is, therefore, prayed this petition may kindly be allowed and the impugned order dated 30. 10 2015, passed by the learned Civil Judge (Sr. Div.) Court No.1, Ghumarwin, District Bilaspur, in CMA No 181-6/2009, may kindly be set aside and application under section 152 of the Code of Civil Procedure may kindly be allowed with costs throughout in the interest of justice and fair play.”
2. Brief facts necessary for the adjudication of this petition are that a Civil Suit for declaration and permanent prohibit
Omission to decree counter-claim in judgment's operative part and decree, despite favourable body findings, is substantive error not correctable under Section 152 CPC; remedy via appeal or review req....
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....
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 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.
Clerical errors in judgments or decrees can be corrected under Section 152 of the Civil Procedure Code, even if they originated from the pleadings, to ensure justice and accuracy in legal documentati....
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....
Section 152 CPC allows correction of clerical mistakes in judgments to prevent injustice where a decree may become unenforceable.
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