Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Order passed in an application for violation and breach of injunction whereby order of imprisonment and restoration of possession set aside - Held, this order does not go to the benefit of J.D. - Decree passed for restoration of possession needs no amendment...........
Civil Procedure Code, 1908, Section 152 -- Description of property - Some error in plaint - Petitioner on account of the same facing difficulty in getting the same mutated in his name and deprived of enjoying the fruits of the decree passed in his favour - Parties contested the suit knowing fully well the subject matter thereof and also the property which was in dispute -..........
Civil Procedure Code, 1908, Section 152 -- Clerical or arithmetical mistakes and errors arising from accidental slip or omission - Can be corrected in exercise of powers u/s 152 CPC are inadvertent mistakes which can be discovered without any further inquiry on question of law or fact and which are apparent on the face of the record...........
Civil Procedure Code, 1908, Section 152 -- Description of property - Question requiring detailed inquiry - Such a variance in the boundaries of the property which gives rise to a doubt as to the very existence of the property cannot be treated as a clerical or arithmetical mistakes or error arising from accidental sip or omission - Cannot be corrected in exercise of power..........
Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Court can amend decree if inspite of pleading an issue is not framed which ought to have been done...........
Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Court can amend decree if inspite of pleading an issue is not framed which ought to have been done...........
Civil Procedure Code, 1908, Section 152, 153 -- Amendment of judgment - Clerical or typographical error in the judgment of High Court - Held, that Supreme Court cannot direct any correction in the judgment and an appropriate application has to be filed before the concerned High Court - High Court alone would be entitled to rectify the mistake committed by it...........
Civil Procedure Code, 1908, Section 152 -- Correction of clerical and arithmetical error - When not permissible - Dispute regarding number of trees on acquired land - Number not disputed before LAC Officer - Plea not raised before Reference Court - Not pointed out before Single Judge in RFA - Appeal before Division Bench - Subsequent application for correction of number of..........
Civil Procedure Code, 1908, Section 152 -- Correction of clerical and arithmetical error - Scope of - Once an order is passed and entered or otherwise perfected, the Court which passed the order becomes functus officio and cannot set aside, alter the order however wrong it may appear to be - No clerical error or accidental slip in the decree - Variance should be apparent..........
Civil Procedure Code, 1908, Section 152 -- Correction of clerical and arithmetical error - Case law discussed...........
