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K. R. MOHAPATRA
Dangra Pradhan – Appellant
Versus
Rama Pradhan – Respondent
ORDER
This matter is taken up through hybrid mode.
2. Order dated 28th March, 2023 (Annexure-5) passed by learned Senior Civil Judge, Balliguda in FDCS No.12 of 2019 (arising out of CS No.12 of 2019) is under challenge in this CMP, whereby allowing an application filed by the Plaintiffs/Opposite Parties under Section 152 CPC, learned trial Court inserted seven Plot numbers, which were not available in the plaint. It also directed to correct the Plot No.250 in Khata No.36.
3. It is submitted by learned counsel for the Petitioner that the suit was filed for partition and a preliminary decree has been passed. In the plaint, the Plaintiffs described the suit property as under:—
“The suit lands recorded in a joint manner by the Settlement Authorities in the names of Balaram Padhan, Kandha Pradhan and Sadura Pradhan.
| Village/ Mouza | Tahasil | Khata No. | Plot Nos. | Total Extent |
| Grebadi | Daringibadi | 30 | 21, 22, 28, 30, 50, 57, 58, 60, 68, 71, 109, 114, 115, 117, 121, 146, 173, 183, 202 along with 7 other plots | Ha.2.8490 |
| Debari | -do- | 36 | 229, 231, 249, 256, 257, 264, 265, 276, 282 & 250 | Ha.2.3970 |
| Paramapanga | -do- | 60 | 857, 878, 879, 880, 881, |
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....
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....
Inadvertent clerical errors in judgments can be corrected under Section 152 of the C.P.C. without altering substantive decisions.
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.
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.
Section 152 of the Code of Civil Procedure permits correction of clerical errors in decrees to ensure they accurately reflect the court's intention.
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