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HIRDESH
BUTTO BAI w/o LAKSHMAN GOUD – Appellant
Versus
DUMRI s/o SADDU GOUD (deceased) thr. Legal Heirs JAINWATI w/o DUMRI LAL GOUD – Respondent
ORDER :
(HIRDESH, J.) :
In this civil revision the applicants/revisionists being aggrieved by the impugned order dated 11-3-2023 passed by Civil Judge Class-II, Junior Division, Niwas, District Mandla in MJC No. 36/2022 whereby the application filed by applicants under section 152 of the Code of Civil Procedure (for short “CPC”) has been dismissed.
2. Brief facts of the case are that applicants/plaintiffs are daughters and respondent/defendant is son of Late Saddu Goud. The applicants/plaintiffs filed Civil Suit No. 33-A/2016 for declaration, partition and separate possession over one-third share in their father’s property. The trial Court vide judgment and decree dated 11-3-2017 held that each applicant/plaintiff has one-third share in father’s property. The respondent/defendant being aggrieved with the judgment and decree of the trial Court preferred First Appeal before the District Judge, Mandla which was registered as Civil Appeal No. 62-A/2018. The learned lower appellate Court affirmed the judgment and decree of the trial Court vide judgment and decree dated 7-10-2022 and dismissed the appeal.
3. It is further averred that on account of inadvertence on the part of applicant’s co
Section 152 of the CPC permits rectification of clerical errors in judgments when there is no dispute regarding the identity of the property.
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....
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....
Inadvertent clerical errors in judgments can be corrected under Section 152 of the C.P.C. without altering substantive decisions.
Section 152 of the Code of Civil Procedure permits correction of clerical errors in decrees to ensure they accurately reflect the court's intention.
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.
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