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

2022 Supreme(J&K) 726

SANJEEV KUMAR
Sharad Kapoor – Appellant
Versus
Mani Chopra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sanjay Kakkar
For the Respondent: Ravinder Singh

JUDGMENT :

Sanjeev Kumar, J.

1. The petitioner herein invokes power of superintendence of this Court vested under Article 227 of the Constitution of India for setting aside the order passed by the learned 2nd Additional Munsiff Jammu ("the trial court") on 25.07.2022 whereby the application of the petitioner filed under section 152 of the Code of Civil Procedure seeking correction of an error in the judgment and decree dated 01.04.2022 has been dismissed.

2. The application, as is evident from the order impugned, is dismissed on the ground that the correction of error pointed out by the petitioner is not an error attributable to the court and, therefore, not covered by the provisions of Section 152 of the Code of Civil Procedure.

3. Impugned order is assailed by the petitioner inter alia on the ground that the trial court has placed a narrow interpretation on the provisions of Section 152 CPC, which provision is wide enough to take within its sweep the correction of bona fide errors that may have been carried to the judgment from the pleadings of the parties.

4. Mr. Sanjay Kakkar, learned counsel appearing for the petitioner submits that apart from Section 152 CPC, Section 151 CPC gives

        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