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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Susant Kumar @ Lita @ Litu Sahoo – Appellant
Versus
Santilata Sahoo – Respondent
| Table of Content |
|---|
| 1. trial court's refusal to correct judgment error (Para 3 , 6) |
| 2. petitioner's contention on jurisdiction error (Para 5) |
| 3. court's power to correct clerical mistakes (Para 8 , 9 , 10 , 11) |
| 4. identifying discrepancies in court's judgment (Para 12) |
| 5. restoration of correct share to defendants (Para 13) |
JUDGMENT :
1. Though some of the opposite parties have entered appearance but no one appears for them on call despite names of Lawyers are indicated in the list.
3. Present CMP is directed against order dated 28th March 2025 of learned Civil Judge (Junior Division), Bhadrak passed in C.M.A. No.50 of 2024 (arising out of C.S. Case No.126 of 2000), wherein the prayer of the Petitioner to correct the judgment and decree in respect of recording of their share has been refused.
5. It is submitted by Mr. Mishra that, learned trial Court has erred in opining that he is lacking jurisdiction under section 152 of the C.P.C. to correct such error appearing in the judgment and decree with regard to share of the parties. It is submitted that though the finding in the judgment is in respect of share to the extent of 9 Anna 6 Pahi as per the noting reflected in the RoR under Ext.12, but t
Inadvertent clerical errors in judgments can be corrected under Section 152 of the C.P.C. without altering substantive decisions.
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.
Section 152 of the Code of Civil Procedure permits correction of clerical errors in decrees to ensure they accurately reflect the court's intention.
A satisfied decree cannot be amended under Section 152 of the C.P.C. as it is considered dead for all practical purposes.
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.
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....
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....
Section 152 CPC allows correction of clerical mistakes in judgments to prevent injustice where a decree may become unenforceable.
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