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RAKESH KAINTHLA
Sneh Lata – Appellant
Versus
Subhash Chand – Respondent
JUDGMENT
Learned vice counsel for respondents No.1 and 2 has submitted that she has no objection, in case, the present application is allowed.
2. The present application has been filed for correction of the name of applicant No.3. It has been asserted that in the memo of parties, the name of applicant No.3 was shown as Kuldeep, whereas his actual name in the academic documents like matriculation certificate and Aadhar Card is Sahil Choudhary, therefore, the present application for seeking the correction of the name of the applicant No.3.
3. No reply was filed to the application.
4. It was laid down by Hon’ble Supreme Court of India in Niyamat Ali Molla v. Sonargon Housing Coop. Society Ltd., (2007) 13 SCC 421 : 2007 SCC OnLine SC 1284 that the power under Section 152 of CPC is not confined to the amendment of the judgment and decree containing an error on the part of the Court. This power also extends and error committed by the parties in their pleadings. It was observed:—
“18. Section 152 of the Code of Civil Procedure empowers the court to correct its own error in a judgment, decree or order from any accidental slip or omission. The principle behind the said provision is actus c
Amendment of judgment and decree – Power under Section 152 of CPC also extends to error committed by parties in their pleadings.
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....
Civil courts have the inherent power to correct clerical errors and mistakes arising from accidental slips or omissions in judgments, decrees, or orders, including those traceable to the pleadings of....
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.
Section 152 CPC allows correction of clerical mistakes in judgments to prevent injustice where a decree may become unenforceable.
Correction of error in judgment and decree – In garb of correcting mere clerical and arithmetic errors, Civil Court cannot embark upon reviewing order/judgment/decree passed by it for which a differe....
The court affirmed that amendments under Section 152 of the Code of Civil Procedure are limited to clerical or arithmetical errors and do not extend to substantive changes affecting the merits of the....
The corrections made by the Trial Court were found to be clerical in nature and within the scope of Section 152 of CPC.
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