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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Pratap Chandra Patra – Appellant
Versus
Parbati Patra – Respondent
| Table of Content |
|---|
| 1. introduction of case details (Para 1 , 2) |
| 2. background and procedural history of the case (Para 3 , 4) |
| 3. petitioners argue for clerical error correction (Para 5) |
| 4. opposition’s argument against clerical correction (Para 6) |
| 5. interpretation of section 152 c.p.c. (Para 7 , 8 , 9) |
| 6. conclusion dismissing the cmp (Para 10) |
ORDER :
K.R. MOHAPATRA, J.
1 . This matter is taken up through hybrid mode.
2. This CMP has been filed assailing the order dated 28th January, 2021 (Annexure-7) passed by learned Civil Judge (Senior Division), Baripada in Execution Case No.12 of 2009 (arising out of T.S. No.150 of 1992), whereby an application under Section 152 C.P.C. filed by the Petitioners-D.Hrs. for correction of the clerical mistake in the plaint as well as judgment and decree has been rejected.
3. Mr. Mohanty, learned counsel for the Petitioners submits that T.S. No.150 of 1992 was filed for declaration of right, title and interest as well as for recovery of possession and permanent injunction over Schedule 'A' land, description of which is as under:
SCHEDULE 3
| Khata No. | Plot No. | Area (hectares) | Kissam |
|---|---|---|---|
| 55 | 831 | 0.31 | Gharabari (Ghara) |
| 832 | 0.88 | Sarad-II | |
| 833 | 0.29 | Asu | |
| Total A 1.48 decimals | |||
4. The suit
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