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HIGH COURT OF MADHYA PRADESH
MILIND RAMESH PHADKE, J
Lukmaan – Appellant
Versus
Rafat Warsi – Respondent
| Table of Content |
|---|
| 1. petition against order (Para 1) |
| 2. contentions on decree nature (Para 2) |
| 3. reliance on cpc sections (Para 3) |
| 4. final decree execution (Para 5) |
| 5. decree classification (Para 6) |
| 6. discretionary powers under cpc (Para 7) |
| 7. decree nature analysis (Para 12 , 13 , 14) |
| 8. decree nature ruling (Para 15 , 16 , 17 , 18 , 19) |
| 9. petition outcome (Para 20) |
ORDER
1. The present petition under Article 227 of the Constitution is directed against the order dated 31.10.2017 passed by Additional District Judge, District Sheopur in MJC Civil No.7/15 whereby an application under Sections 148 , 151 and 152 of Code of Civil Procedure preferred by the present respondents/plaintiffs for correction in one of the dates mentioned in the decree was allowed.
2. The aforesaid order has been assailed by the petitioners/judgment debtor on the ground that vide judgment and decree dated 1.4.2017 the rights between the parties were finally adjudicated and, therefore, the trial Court has become functus officio to exercise any of the powers as contained under Sections 148 and 151 of CPC and as the correction sought in the decree was not a clerical or arithmetical mistake, therefore, could not have been co
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