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NEERAJ TIWARI
Maqsood Ahmad – Appellant
Versus
Salma Bano – Respondent
JUDGMENT :
Neeraj Tiwari, J.
1. Heard Sri Ashwani Kumar Mishra, learned counsel for petitioner and Sri Narendra Kumar Chaturvedi, learned counsel for respondents.
2. Present petition has been filed seeking following relief:
3. Learned counsel for petitioner submitted that earlier petitioner has moved an application 97(c) dated 7.1.2016 in Small Cause No. 17 of 2017 for a direction to the plaintiff/respondents to produce some evidence in respect of material alteration in tenanted house.
4. It is next submitted that the said application was allowed vide order dated 9.12.2016 imposing the cost of Rs. 500/- to the applicant/defendant and the cost was also accepted by the plaintiff/respondents. Later on, plaintiff/respondents have moved application 119(c) dated 25.2.2017 for rectification of order dated 9.12.2016. In the said application, it is stated that from the perusal of or
Clerical errors in court orders can be rectified at any stage under Section 152 of the CPC, and acceptance of costs does not prevent such rectification.
Typographical errors in court orders can be rectified at any stage under Section 152 of CPC, and acceptance of costs does not create estoppel against such rectification.
Clerical and arithmetical errors in judgments can be corrected under Section 152 of the CPC without altering substantive rights, and the High Court has the authority to intervene under Article 227 to....
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....
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