AI Overview...
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Clerical Mistakes Do Not Alter the Right Title - Courts recognize that mere clerical errors or accidental slips in documents, judgments, or decrees can be corrected under Sections 152 and 153 of the Civil Procedure Code (CPC), but such corrections do not change the substantive rights or titles. For example, in cases where a gift deed or agreement contains clerical errors, courts may rectify these mistakes without affecting the underlying title Narkulla Venkayya VS Noona Satyanarayana - Andhra Pradesh, Shri Ram Raksh Pal Singh (dead) through his LRs. VS Sarla Devi - Himachal Pradesh, IDPL Employees Co-operative House Building Society Ltd. , Hyderabad VS Cyrus Investments Ltd. , Mumbai - Andhra Pradesh.
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Scope of Corrections under CPC - The CPC provisions allow for the correction of clerical or arithmetical mistakes, typographical errors, or accidental slips, but not for substantive errors that alter the nature of the rights or the essence of the judgment. Corrections are intended to reflect the true intention of the parties or the correct facts, but cannot be used to modify the fundamental rights or titles involved Central Coalfields Limited, Ranchi (Jharkhand), through its General Manager (Administration) Sri Gopal Prasad VS Kapurni Khatun - Jharkhand, Sadhana Saha VS Pranati Shingha Bist - Tripura.
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Limitations and Judicial Discretion - Courts emphasize that corrections should be limited to obvious or patent errors and not to errors that require re-hearing or re-trial. They also clarify that corrections do not extend to errors that significantly alter the scope of the decree or judgment, such as adding omitted land or changing the core subject matter, unless supported by pleadings and evidence BELA DEBI VS BON BEHARY ROY - Calcutta, Shri Ram Raksh Pal Singh (dead) through his LRs. VS Sarla Devi - Himachal Pradesh.
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Misdescription vs Error - Courts differentiate between mere errors and misdescriptions; the latter may require substantive rectification through other legal remedies rather than simple clerical correction. The intention of the parties and the factual accuracy are crucial in determining whether a correction is permissible BELA DEBI VS BON BEHARY ROY - Calcutta, 00200025426.
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Impact on Title and Ownership - While clerical mistakes can be corrected to reflect the true intent, they do not automatically convey or alter ownership rights. The main point is that a correction of clerical errors does not go to the root of the title and cannot be used to establish or change ownership rights unless supported by proper evidence and pleadings Narkulla Venkayya VS Noona Satyanarayana - Andhra Pradesh, Shri Ram Raksh Pal Singh (dead) through his LRs. VS Sarla Devi - Himachal Pradesh.
Analysis and Conclusion:
Mere clerical mistakes or accidental slips in legal documents, judgments, or decrees can be corrected under specific provisions of the CPC, primarily Sections 152 and 153. However, such corrections are limited to fixing obvious errors and do not affect the substantive rights, including the right to title. Courts consistently hold that clerical errors do not alter the fundamental ownership or title to property; their correction is intended to prevent confusion and ensure accuracy without impacting the core legal rights. Therefore, clerical mistakes alone do not negate or go away with the right title, emphasizing the importance of precise pleadings and evidence to support any correction Narkulla Venkayya VS Noona Satyanarayana - Andhra Pradesh, Central Coalfields Limited, Ranchi (Jharkhand), through its General Manager (Administration) Sri Gopal Prasad VS Kapurni Khatun - Jharkhand, Sadhana Saha VS Pranati Shingha Bist - Tripura, BELA DEBI VS BON BEHARY ROY - Calcutta, Shri Ram Raksh Pal Singh (dead) through his LRs. VS Sarla Devi - Himachal Pradesh.
Search Results for "Mere Clerical Mistakes does Not Go Away the Right Title"
1958 0 Supreme(AP) 36 • India - Andhra Pradesh
N.KUMARAYYA, SYED QUAMAR HASAN
that Ramayya had gifted the property to Nagamma, his wife, under a registered gift deed and that they had acquired an indefeasible right ... Finding of the Court: The trial court found that the gift in favor of Nagamma was fully proved but not her will and ... INCONSISTENCY - RELIEF - GRANT ON ALTERNATIVE GROUND - MESNE PROFITS - DETERMINATION - SECTION 238, HYDERABAD CIVIL PROCEDURE CODE - MISTAKE ... As a mistake in this behalf crept into the plaint schedule the same mistake necessarily entered into....
2019 0 Supreme(Jhk) 703 • India - Jharkhand
SUJIT NARAYAN PRASAD
/orders—Corrections contemplated are of correcting only accidental omissions or mistakes and not all omissions and mistakes which ... Civil Procedure Code, 1908—Section 152—Correction of clerical/arithmetical mistake in judgements/decrees ... The section does not take away any right of appeal which the parties may possess, it merely provides a simple and expeditious means of rectifying an obvious error. ... Section 152 provides for correction of #HL_....
• India - Principal Seat at Guwahati
ROBIN PHUKAN, J
substantiated by evidence or merely clerical. ... a rehearing of the case; it cannot correct mere erroneous decisions but can address patent errors. ... Procedure - Order XLVII Rule 1 - SARFAESI Act - Section 34 - Review application dismissed for lack of merit, as errors pointed out do not ... And the same also does not fall within the category of the grounds enumerated in Order XLVII Rule 1. At best, such grounds can be termed as clerical mistake as submitted by Mr. ... Parvez, furthe....
2021 0 Supreme(Del) 1567 • India - Delhi
YASHWANT VARMA
The court dismissed the applications, holding that the final judgment did not suffer from an accidental mistake or omission warranting ... Final Decision: The court dismissed the applications and allowed the release of the security bonds and title documents in ... suffer from an accidental mistake or omission warranting the invocation of the said powers. ... Section 152 provides for correction of clerical or arithmetical mistakes in judgments, decrees or orders or errors arising there....
2016 0 Supreme(Tri) 81 • India - Tripura
S.TALAPATRA
Case: The application was made for addition of legal heirs as appellants in a suit where the original defendant had passed away ... The court also considered the representation of interest of persons not impleaded in a judicial proceeding and the principle of bona ... The respondents objected to the application, arguing that it was not maintainable as the relevant appeal had been finally disposed ... Darshan Singh reported in AIR 2003 SC 4179 where the apex court has observed as under: ... “Section 152 provides for correction of #HL_STAR....
1951 0 Supreme(Cal) 139 • India - Calcutta
SINHA
The court found that the mistake originated with the agreement for sale, which was executed long before the consent decree was passed ... The court found that the mistake originated with the agreement for sale, which was executed long before the consent decree was passed ... Finding of the Court: The court held that the errors in the description of the property were not accidental slips or ... An amendment of this character which completely alters the plaint and the decree and also the deed on which the plaint is based cannot be said to....
2025 Supreme(Online)(Mad) 65043 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N.MANJULA, J
) ... ... (B) Misdescription vs Error - The distinction between 'error' and 'misdescription' was pivotal; courts affirmed that mere ... S. 26, Specific Relief Act is only an enabling provision and that is not the only remedy by which plaintiff can claim title to the property. Rectification of instrument is only to correct the mistakes that have crept therein. ... If the plaintiff is in a position to prove that the intention of the parties was to convey a larger area and in fact he obtained title to ....
2016 0 Supreme(HP) 2540 • India - Himachal Pradesh
DHARAM CHAND CHAUDHARY
in the judgment and decree but refused to add a portion of land to the decree as it was not supported by pleadings. ... CPC - Correction of Judgment and Decree - Sections 151, 152, and 153 - The court allowed correction of a typographical mistake ... The court allowed correction of a typographical mistake but refused to add the omitted portion of land to the decree due to lack ... Section 152 C.P.C. provides for correction of clerical or arithmetical mistakes in judgments, decrees or orders of errors ar....
2021 0 Supreme(Mad) 1113 • India - Madras
KRISHNAN RAMASAMY
depositing Xerox copy of the documents when original is not available with depositor/mortgagor - Whether the Courts below are right ... Subsequently, they have also executed a sale deed – Held, cross examination had stated that L.Srikantiah was passed away on 13.04.2003 ... is maintainable in view of the Section 18 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Whether mere ... When the date of deposit was clear, the said material alteration, which was probably due to a clerical#HL....
2009 0 Supreme(AP) 511 • India - Andhra Pradesh
P.S.NARAYANA, B.CHANDRA KUMAR
The learned counsel for the respondents 4 to 14 relied on the following decisions in support of his submissions that when there are certain clerical mistakes in the final decree and the plan annexed thereto, such mistakes can be corrected in the interest of justice and that the corrections sought by ... Sections 152 and 153 of C.P.C. enable the Court to correct clerical or arithmetical mistakes in judgments, decree or orders or errors arising therein from any accidental slip or omission at any time. In ....
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