AI Overview...
- Correction in Decree and Plaint after Disposal of Civil Case - Main points and insights:
- Section 152 of the Civil Procedure Code (CPC) provides the court's authority to correct clerical or typographical errors in decrees and judgments even after the case's disposal Subramania Iyer VS Joseph George - Kerala, Md. Akbar Ali Khan S/o Yar Ali Khan VS Mostt. Parasmani Devi W/o Late Anant Lal Yadav - Patna, Tapas Guha VS Angurbala Das - Calcutta.
- Corrections are typically limited to clerical or accidental errors that do not alter the substantive rights or the judgment's finality Subramania Iyer VS Joseph George - Kerala, Md. Akbar Ali Khan S/o Yar Ali Khan VS Mostt. Parasmani Devi W/o Late Anant Lal Yadav - Patna.
- The courts have upheld the power to correct errors post-decree, provided the errors are bona fide and do not affect the core issues of the case Tapas Guha VS Angurbala Das - Calcutta, PRAKASH BHATT VS DEVKI NANDAN BHATT - Uttarakhand.
- The correction process involves applications by parties seeking amendments to rectify mistakes in descriptions of property, survey numbers, or other clerical errors in the decree or plaint Subramania Iyer VS Joseph George - Kerala, P. Andallu VS Muralidhar - Andhra Pradesh, PRAKASH BHATT VS DEVKI NANDAN BHATT - Uttarakhand.
- Courts have generally rejected corrections that seek to vary the substantive terms of judgments or decrees, emphasizing that such corrections are limited to clerical errors P. Andallu VS Muralidhar - Andhra Pradesh, Md. Akbar Ali Khan S/o Yar Ali Khan VS Mostt. Parasmani Devi W/o Late Anant Lal Yadav - Patna.
- In cases where errors are identified post-disposal, parties can file applications under Sections 151 and 152 CPC for correction, and courts have consistently held that such corrections are permissible if they do not alter the judgment's substance Subramania Iyer VS Joseph George - Kerala, Prakash Bhatt VS Devki Nandan Bhatt - Uttarakhand.
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Corrections can be made even after the case is disposed of, including in ex parte decrees, provided the errors are clerical and do not impact the judgment's finality Sukhendu Bikash Lashkar VS Narayan Chandra Bhowmik - Gauhati.
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Analysis and Conclusion:
- The legal framework predominantly supports the correction of clerical or accidental errors in decrees and plaints under Sections 151 and 152 CPC, even after the case's disposal.
- Such corrections are permissible to ensure the decree accurately reflects the court's intention, especially regarding property descriptions or clerical mistakes.
- However, corrections that seek to modify the substantive terms of the judgment or decree are generally not allowed; courts emphasize the finality of judgments and the limited scope of correction.
- Proper application and clear demonstration of errors are crucial for courts to permit corrections post-disposal, ensuring justice without undermining the finality of judgments Subramania Iyer VS Joseph George - Kerala, PRAKASH BHATT VS DEVKI NANDAN BHATT - Uttarakhand.
References: - Subramania Iyer VS Joseph George - Kerala - HIMMATLAL ALIAS NAREBHERAM RATANSHI THAKKAR & 7 other(s) vs STATE OF GUJARAT & 5 other(s) - Gujarat - P. Andallu VS Muralidhar - Andhra Pradesh - K. Sundararaj VS R. Chellamuthu - Madras - PRAKASH BHATT VS DEVKI NANDAN BHATT - Uttarakhand - Md. Akbar Ali Khan S/o Yar Ali Khan VS Mostt. Parasmani Devi W/o Late Anant Lal Yadav - Patna - Mahadevaiah S/o. Manchaiah VS Shivalingaiah S/o. Kalaiah - Karnataka - Prakash Bhatt VS Devki Nandan Bhatt - Uttarakhand - Sukhendu Bikash Lashkar VS Narayan Chandra Bhowmik - Gauhati - Tapas Guha VS Angurbala Das - Calcutta
Search Results for "Correction in Decree and Plaint after Disposal of Civil Case"
1958 0 Supreme(Ker) 243 • India - Kerala
VARADARAJA IYENGAR
of the property in the plaint and decree. ... Fact of the Case: The plaintiff seeks correction of mistakes in the description of the property in the plaint ... and decree. ... It is only an amendment for correction of certain errors that have crept into the decree and in the plaint schedule which errors happen to be also in Ext. B-1 (Original document). The fact that Ext. ... This revision is by the plaintiff and is directed agains....
• India - High Court of Gujarat
NIKHIL S. KARIEL, J
- The Court confirmed the authority of the Civil Court to rectify such errors post-decree - It was ruled that the operative portion ... (A) Civil Procedure Code, Section 152 - Correction of clerical errors - In the case, the petitioners sought corrections in the judgement ... of the judgement should accurately reflect the correct revenue survey number - The application for correction was deemed valid and ... Khan that as such it was not a correction sought for in the ....
2001 0 Supreme(AP) 1317 • India - Andhra Pradesh
P.S.NARAYANA
and thus being not entitled to vary terms of judgments decrees and orders earlier passed - Correction contemplated are of correcting ... of the plaint schedule properly - Respondent in CRP plaintiff in had filed IA for relief specified supra - Respondent-plaintiff ... Civil law - Civil suit - Civil Procedure Code - Section 151 and 152 - Eviction - Suit was decreed - Seeking ... The exercise of this power contemplates the correction of mistakes by the Court of its mini....
2015 0 Supreme(Mad) 699 • India - Madras
P.R.SHIVAKUMAR
, Fact remains that neither trial Court nor lower appellate Court adverted to said aspect - In light of fact that there is some correction ... appellant plaintiff are not Similarly defendants have also showed lethargy and failed to adduce best evidence available at their disposal ... - Lower appellate Judge by judgment and decree reversed judgment of trial Court and set aside decree passed by trial Court with ... In case of reversal of the decree, the appellate Court should also make i....
2005 0 Supreme(UK) 82 • India - Uttarakhand
PRAFULLA C.PANT
Subsequently, the respondents sought correction and modification of the judgment and decree. ... Correction - Civil Procedure - Section 152 - Section 151 - Section 89 of the C. P. ... The parties agreed to a compromise deed based on a conciliator's report, which led to the disposal of the appeals. ... Hon'ble The Chief Justice nominated this bench for the disposal of aforesaid applications. ... It appears that against said judgment and decree, three appeals were filed....
2019 0 Supreme(Pat) 843 • India - Patna
ASHWANI KUMAR SINGH
Clerical Error - Correction of Decree - Section 152 of the Code of Civil Procedure, 1908 - [Section 152 of the Code of Civil Procedure ... , 1908] - The court rejected the application for correction of a decree passed in a title suit, citing that after perusal of the ... Issues: Discrepancy in the area of plots mentioned in the decree, jurisdiction of the court to allow correction of clerical ... Perused the plaint, evidence of witnesses and decree ....
2018 0 Supreme(Kar) 79 • India - Karnataka
H.B.PRABHAKARA SASTRY
in presence of all parties and also putting correction signatures - Execution of note, consideration receipt and corrections by ... made in promissory note, however unable to explain as to what corrections made - Scribe of note deposing about making corrections ... scribe, all completed in single day - Corrections made in date by scribe of document, cannot be said to be material alteration without ... ... In view of disposal of the main appeal, I.A.No.1/2017 for stay does not survive ....
2005 0 Supreme(UK) 81 • India - Uttarakhand
PRAFULLA C.PANT
Correction - Civil Procedure - Section 89, Section 152 - The judgment and order discussed the application of Section 89 of the ... holder could execute the decree through the trial court. ... Final Decision: The court directed the appellant to remove the encroachment within a specific period, failing which the decree ... It appears that against said judgement and decree, three appeals were filed before the First Appellate Court viz. civil appeal No. 59 of 2001 (against decre....
2012 0 Supreme(Gau) 401 • India - Gauhati
UTPALENDU BIKAS SAHA
and ultimately an ex parte decree was passed against defendant as he did not contest case either by way of filing written statement ... is an accidental slip or typographical error and said error cropped up in decree can be corrected even after decree was passed without ... or examining him - It has also been asserted in plaint that defendant handed over physical possession of suit land to plaintiff ... The plaintiff, accordingly, made an application under section 152 of the Code of Civil Procedure for ....
2009 0 Supreme(Cal) 309 • India - Calcutta
JYOTIRMAY BHATTACHARYA
CIVIL PROCEDURE - Amendment of Plaint and Correction of Decree - Misdescription of Suit Property - Bona Fide Mistake - Power of ... decree after the disposal of the suit. 2. ... The court upheld the impugned order allowing the plaintiff's applications for amendment of the plaint and correction of the decree ... , applied for amendment of the schedule of the plaint and/or for the correction of the....
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