IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Civil Revision No. 6563 of 2009 (O&M)

Date of Decision: March 25, 2010

Badhu Rani Deepinder Kaur

…Petitioner

Versus

Amrit Kaur and another.

…Respondent

CORAM:

HON’BLE MR. JUSTICE S.D. ANAND.

Present:

Mr. Arun Palli, Sr. Advocate with

Mr. Tarun Johal and

Mr. Jai Bhagwan, Advocates,

for the petitioner.

S.D. Anand, J.

The petitioner herein filed an application for the

modification of orders dated 01.10.2002 and 13.11.2003 vide

which the learned Trial Court had disposed of the petition

under Sections 372/376 of the Indian Succession Act. The

Court had, while disposing of the petition, quantified the

shares to which the parties thereto were entitled.

The petitioner herein filed the impugned plea under

Section 152 of the Code of Civil Procedure for the modification

of her share in the assets left by deceased Rani Narinder Kaur.

C.R. No. 6563 of 2009

The learned Trial Court negated the plea by

observing that such modification was not allowable and also

that the plea could not be entertained as it had been filed

beyond the contemplated period of limitation of 30 days.

By the very nature of things, the provisions of

Section 152 of the Code of Civil Procedure would come into

play only if there is a clerical or arithmetical error in an order.

The present is a case wherein the learned Court, while

disposing of the plea under the Indian Succession Act,

quantified the entitlement of each party thereto. If the

petitioner herein has a grievance that she has been wronged in

the matter of that quantification, she has to come up in

revision against the main order. The filing of a plea for

modification would not be competent in the facts and

circumstances of this case.

The petition shall stand dismissed accordingly.

March 25, 2010

( S.D. Anand )

vkd

Judge

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