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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS SURI
Nirmal Singh – Appellant
Versus
Satpal Kanwar – Respondent
Judgment :
Vikas Suri, J.
The challenge in this revision petition under Article 227 of the Constitution of India is to the order dated 17.03.2025 (Annexure P-16) passed by the learned Civil Judge (Junior Division), Ludhiana, whereby the review application filed by defendant Nos.1 to 4 for review of the judgment dated 14.11.2024 (Annexure P-5) has been dismissed. The primary contention raised is that the trial Court erred in allowing correction of the judgment under Section 151 and 152, Code of Civil Procedure, 1908 (for short, 'CPC'), which powers ought not to have been exercised after passing of the decree, particularly when two significant additional issues, framed as 1(c) and 1(d), were not decided in the judgment sought to be reviewed.
2. For convenience and to avoid confusion, the parties to the instant revision petition, are being referred to by their original status before the trial Court, i.e. petitioner as plaintiff, and respondent Nos.1 to 16 as defendant Nos.1 to 16.
3. Succinctly, the facts relevant for adjudication of the present petition are that the plaintiff (Nirmal Singh) filed a suit, inter alia, for declaration that he is owner of the suit property described in the h
Court held that omissions in judgments can be corrected as clerical errors under CPC without affecting substantive rights; substantial issues remain for future determination in the appellate court.
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.
A judgment must contain a concise statement of the case, points for determination, and reasons for the decision; failure to comply renders it invalid.
Section 152 CPC allows correction of clerical mistakes in judgments to prevent injustice where a decree may become unenforceable.
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....
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