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IN THE HIGH COURT OF ORISSA AT CUTTACK
Sashikanta Mishra
Belamati Digal – Appellant
Versus
Pravabati Nayak – Respondent
| Table of Content |
|---|
| 1. factual context of the plaint and proceedings. (Para 2) |
| 2. rationale behind allowing correction under section 152. (Para 3 , 4 , 11) |
| 3. legal arguments concerning amendment provisions in cpc. (Para 5 , 6) |
| 4. interpretation of section 152 and its application. (Para 10) |
| 5. final ruling to dismiss and affirm lower court's decision. (Para 14 , 15) |
JUDGMENT :
The petitioners are defendant Nos. 3 and 5 in C.S. No. 29 of 2023 and Opposite Party Nos. 3 and 5 in CMA No. 3 of 2024 in the Court of learned Civil Judge (Senior Division), G.Udayagiri. Said suit was filed by Opposite Party Nos. 1 to 6 (plaintiffs) while the Opposite Party No.7 to 22 are proforma defendants. In the present application, the petitioners seek to challenge order dated 09.08.2024 passed by the Court below in the aforementioned CMA whereby, the name of the suit schedule Mouza, as per the plaint schedule, was corrected by the Court below after passing of the judgment and decree exercising power under Section 152 of CPC.
3. The Court below, after hearing both sides allowed the petition by holding that the defendants had admitted in the written statement that the suit land is situated in Mouza Piserama. The ROR
Section 152 CPC allows correction of clerical mistakes in judgments to prevent injustice where a decree may become unenforceable.
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.
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....
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....
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 court affirmed that amendments under Section 152 of the Code of Civil Procedure are limited to clerical or arithmetical errors and do not extend to substantive changes affecting the merits of the....
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