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SASHIKANTA MISHRA
Belamati Digal – Appellant
Versus
Pravabati Nayak – Respondent
JUDGMENT
Sashikanta Mishra, J.—The petitioners are defendant Nos. 3 and 5 in C.S. No. 29 of 2023 and Opposite Party Nos. 3 and 5 in CMA No. 3 of 2024 in the Court of learned Civil Judge (Senior Division), G. Udayagiri. Said suit was filed by Opposite Party Nos. 1 to 6 (plaintiffs) while the Opposite Party No. 7 to 22 are proforma defendants. In the present application, the petitioners seek to challenge order dated 09.08.2024 passed by the Court below in the aforementioned CMA whereby, the name of the suit schedule Mouza, as per the plaint schedule, was corrected by the Court below after passing of the judgment and decree exercising power under Section 152 of CPC.
2. The facts of the case, briefly stated, are that the suit was filed by the plaintiffs seeking declaration of their right, title and interest over the suit property, declaration that the unregistered ‘Will’ dated 07.09.1981 is valid and binding on all as per law, permanent injunction and relief. The suit was decreed vide judgment dated 28.03.2024 and the corresponding decree was drawn out by the Court on 08.04.2024. On 29.04.2024, the plaintiffs filed the aforementioned CMA for correction of the suit schedule Mouza in the
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.
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....
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....
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.
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 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....
Inadvertent clerical errors in judgments can be corrected under Section 152 of the C.P.C. without altering substantive decisions.
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