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SUBHASH CHAND
Khageshwar Rana – Appellant
Versus
Sundri Devi – Respondent
ORDER :
Subhash Chand, J.
1. Learned counsel for the petitioners and learned counsel for the respondent No.1 are present.
2. No one appears on behalf of the respondent Nos.2 to 13 despite service of notice to them.
3. Learned counsel for the petitioners has submitted that the plaintiff has instituted the suit for partition bearing Partition Suit No.21 of 2005 and the suit was decreed in favour of the plaintiff on 30.01.2009 and the preliminary decree was directed to be drawn in regard to the plots of land as shown in the plaint. The decree was also prepared on the basis of the judgment and, during the final decree proceeding, the petitioner-plaintiff came to know that certain plots have wrongly been mentioned in the judgment and decree itself and one plot has wrongly been mentioned twice while the correct plot number and area is mentioned in the plaint, as such, the mistake was typographical, therefore, the petitioners have moved the amendment application before the Court of learned Civil Judge, Sr. Division-VI, Hazaribag but the amendment application was rejected by the learned Trial Court vide order dated 29.01.2015, aggrieved from the order dated 29.01.2015, this writ petition has b
The court ruled that typographical errors in judgments and decrees can be rectified under Section 152 of the Code of Civil Procedure, ensuring accuracy in legal documents.
Amendments to correct typographical errors in pleadings should be allowed as they do not affect the substance of the case.
A satisfied decree cannot be amended under Section 152 of the C.P.C. as it is considered dead for all practical purposes.
Section 152 of the Code of Civil Procedure permits correction of clerical errors in decrees to ensure they accurately reflect the court's intention.
Correction in Judgment/Decree – mistake made by parties in a deed upon which suit is founded and repeated in judgment, decree or order, may or may not be an ‘accidental slip or omission’ – Court cann....
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