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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY
Nityananda Naik – Appellant
Versus
Prafulla Naik – Respondent
| Table of Content |
|---|
| 1. ex-parte decree not appealed against. (Para 4 , 5 , 6) |
| 2. plaintiffs request decree correction. (Para 7 , 8) |
| 3. correction petition dismissed. (Para 9) |
| 4. arguments on decree correction scope. (Para 10 , 11) |
| 5. limits of section 152 cpc clarified. (Para 13 , 14 , 15 , 17) |
| 6. court cannot determine shares without appeal. (Para 16) |
| 7. cmp dismissed. (Para 18) |
Judgment :
1. Notice on Opposite Parties 3 to 19 is treated sufficient as per postal tracking report and office note.
3. Present CMP is directed against order dated 23rd September, 2024 of learned Civil Judge (Senior Division), Sohela passed in C.S.F.D. No.47 of 2006 wherein the prayer of the Plaintiffs to correct the decree to the extent of allotting shares to the parties have been refused.
“The suit is preliminarily decreed against the defendants, but as regard to the facts and circumstances without any cost. The parties are directed to effect a partition among themselves having regard to the portions under possession of them and also in the possession of the bonafide purchasers; within two months hence. However, the aggrieved party can approach and enforce the partition through process of law.”
6. On the other hand, t
The power under Section 152 of the CPC allows for corrections of clerical mistakes, not substantive changes, emphasizing that omissions affecting case merits require appeals for rectification.
Inadvertent clerical errors in judgments can be corrected under Section 152 of the C.P.C. without altering substantive decisions.
A satisfied decree cannot be amended under Section 152 of the C.P.C. as it is considered dead for all practical purposes.
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....
Section 152 of the Code of Civil Procedure permits correction of clerical errors in decrees to ensure they accurately reflect the court's intention.
The court clarified the rights of the parties in the subject property and directed the appointment of a Local Commissioner to effectuate the preliminary decree for partition, in line with the provisi....
Correction of arithmetical and typographical errors in decree can be done even without amending plaint schedule.
A partition suit concludes with the final decree, and parties cannot seek modification of shares based on subsequent legislative changes after the final decree is passed.
Correction of arithmetical and typographical errors in decree can be done even without amending plaint schedule.
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