HIGH COURT OF BOMBAY
N.J.JAMADAR, J
M/s. Rahul Trading Corporation and Anr. – Appellant
Versus
Bernard Anthony Pereira and Ors. – Respondent
Certainly. Based on the provided legal document, here are the key points:
The court has the authority under Section 152 of the Civil Procedure Code to correct clerical or arithmetical errors in judgments, decrees, or orders, without affecting the substantive rights of the parties involved (!) (!) .
Corrections made under Section 152 are limited to accidental slips or omissions and do not permit re-examination of the merits of the case or corrections that impact substantive rights (!) (!) .
The power to rectify clerical errors is intended to ensure that the record accurately reflects the court's original intention, but it cannot be used to alter the substantive terms of the judgment or decree (!) (!) .
The correction of clerical errors can be made at any stage of the proceedings, either suo motu or upon application, to prevent prejudice to the parties due to inadvertent mistakes (!) (!) .
The court emphasized that corrections should not involve a re-assessment of the case's merits or lead to a second-guessing of the original decision; they are confined to mistakes that do not reflect the court’s true intention (!) (!) .
When describing immovable property in a suit, the description must be sufficient to identify it, ideally by boundaries or record numbers, and discrepancies in such descriptions can be rectified if they are clerical or accidental (!) (!) .
In cases where the property is described with reference to boundaries and survey numbers, the boundary description generally prevails in case of discrepancies, especially when it provides a clear identification of the property (!) (!) .
Corrections to the description of the property, such as including omitted survey numbers or clarifying boundary details, are permissible under the court’s inherent powers, even post decree, provided they are inadvertent and do not prejudice the rights of any party (!) (!) .
The court may also correct discrepancies related to the area of the property if such errors are clerical or accidental and do not alter the substantive rights or the actual terms of the agreement (!) (!) .
The court’s primary concern is to ensure that the decree accurately reflects the original intention of the parties and that justice is served by correcting inadvertent mistakes, without prejudice to any party’s substantive rights (!) .
In this case, the court found merit in correcting the typographical errors in the cause title and the property description, as these were clerical mistakes that did not impact the substantive rights of the parties (!) .
The application for correction was granted in part, allowing amendments to the cause title and the property description, including the insertion of omitted survey numbers and clarifications of boundaries (!) .
The corrections were deemed necessary to prevent injustice and to ensure that the decree accurately reflected the intended terms and property details, especially since the decree had already been executed and acted upon (!) .
The court emphasized that such corrections are consistent with the principles of justice and the proper administration of records, provided they do not prejudice any party (!) .
No costs were awarded in the proceedings, indicating that the corrections were viewed as necessary and justified to uphold the integrity of the decree (!) .
These points collectively highlight the court’s approach to rectifying clerical errors under the relevant legal provisions, emphasizing the importance of maintaining the integrity of the record while safeguarding the substantive rights of the parties.
| Table of Content |
|---|
| 1. correction sought for typographical errors in consent decree. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. objections raised to the application by defendants. (Para 9 , 20 , 22 , 25) |
| 3. court's powers under section 152 discussed. (Para 11 , 12 , 14 , 15 , 17) |
| 4. application allowed based on identified discrepancies. (Para 36 , 37) |
ORDER:
1. The Applicants/original Plaintiffs have preferred this application to rectify the typographical mistakes/clerical errors in the name of Defendant No.5 in the cause title and the description of the suit property in the schedule of drawn up Consent Decree dated 28 April 1982 in Suit No.2134 of 1981 in exercise of the powers under Section 152 of the Code of Civil Procedure, 1908 (‘the Code’).
2. The Applicants had instituted suit against Defendant Nos.1 to 13 for a decree of specific performance of agreement for sale dated 27 November 1978, supplemental agreement dated 14 December 1979 and agreement dated 28 March 1980, of all the properties situated at CTS No.419, 419(1-20) and Survey No.474, Hissa No.2 of Malad, Mumbai (‘the suit property).
3. Defendant Nos.1 to 11 entered appearance through Shri Shelke, Advocate. Eventually, on 28 April, 1982 p
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