IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Jawahar Singh (Since Deceased) Through His Lrs. – Appellant
Versus
Lal Singh – Respondent
JUDGMENT :
Virinder Aggarwal, J.
The appellant, being profoundly aggrieved and dissatisfied with the judgment and decree dated 4th September, 1998, passed by the learned Additional District Judge, Bathinda, in Civil Appeal No. 35 of 11th March, 1997, whereby the meticulously reasoned judgment and decree dated 28th January, 1997, delivered by the learned Additional Civil Judge (Senior Division), Talwandi Sabo, in Civil Suit No. 521 of 2nd November, 1995, was erroneously reversed, respectfully invokes the jurisdiction of this Court by way of the present Regular Second Appeal (hereinafter referred to as 'RSA'), seeking restoration of the decree of the learned Trial Court and redress of the substantial grievance suffered by the appellant.
1.1. It is respectfully submitted that the impugned judgment and decree are demonstrably perverse, being founded upon grave errors of law and a palpably erroneous appreciation of the evidence on record, thereby resulting in a manifest miscarriage of justice. In view of the foregoing, the same warrants urgent interference by this Court for setting aside the impugned judgment and restoring the well-reasoned decree of the learned Trial Court.
2. The founda
Jurisdiction of civil courts extends to rectification of erroneous revenue entries reflecting ownership contrary to established decrees.
Inadvertent clerical errors in judgments can be corrected under Section 152 of the C.P.C. without altering substantive decisions.
The plaintiffs failed to prove ownership and possession of the land, leading to the dismissal of their suit for alteration of revenue records.
A satisfied decree cannot be amended under Section 152 of the C.P.C. as it is considered dead for all practical purposes.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.