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ARUN KUMAR JHA
Md. Gayasuddin – Appellant
Versus
State of Bihar through the Collector – Respondent
JUDGMENT (CAV)
The present petition has been filed under Article 227 of the Constitution of India by the petitioners seeking deletion of certain statement/claim mentioned in remark column in the decree in Title Appeal No. 57 of 2001 with further relief to set aside the order dated 17.02.2021 passed by the learned Additional District Judge-V, Araria, whereby and whereunder the application filed by the petitioners under Section 152 of the Code of Civil Procedure, 1908 (for short ‘the Code’) has been disposed of as not maintainable.
2. Briefly stated, the facts of the case, are that the plaintiffs/respondents/petitioners initially filed a suit for declaration of title over Revisional Survey Plot Nos.3692, 3693 and 3695 of RS Khata No. 871 having an area 38.75 acres of Mauza-Haria, District-Araria and also for declaration that name of the defendant-State recorded in the Revisional Survey Khatiyan with respect to suit land was wrong. Initially the suit was filed by eight plaintiffs whereafter on death of one of the plaintiffs, substitution was made and plaintiff no. 6B was impleaded after death of his predecessor-in-interest, who was original plaintiff no. 6. The present petitioners as w
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.
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....
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....
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