Civil Procedure Code, 1908, Section 152 -- Founded on the maxim 'actus curiae neminem gravabit' i.e. act of Court shall prejudice no man - Unintentional mistake of Court which may prejudice the cause of any party must and alone can be rectified - Arithmetical mistake is a mistake of calculation, a clerical mistake is a mistake in writing or typing whereas error arising out..........
Civil Procedure Code, 1908, Section 152 -- Scope of - Contemplates correction of mistakes by Court of its ministerial actions - Does not contemplate passing of effective judicial orders after judgment, decree or order - Very Court or Tribunal cannot on mere change of view - Not entitled to vary terms of judgment, decree and order earlier passed except by means of review,..........
Arbitration Act, 1940, Section 29, Civil Procedure Code, 1908, Section 152 -- Interest - Subordinate Judge did not grant interest in terms of S.29 of the Act - Granted by High Court in exercise of power u/s 152 CPC - Not justified - Remedy of respondent was either to prefer an appeal or to file a review petition...........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - Seeking of - No Limitation Prescribed - Suit was for recovery of money - However due to mistake, office drafted decree as a preliminary decree in mortgage suit - Can be corrected by High Court in application made even after 11 years of said decree as there is no prescribed period of limitation to file said..........
Civil Procedure Code, 1908, Section 152, 47, Order 7, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 3 -- Immovable property not definitely identified - Decree passed overlooking the provisions of O.7.R.3 & O.20.R.3 CPC - It is an inadvertent error and does not affect the merits of the case - Error can be rectified by having resort to S.152 or S.47 CPC...........
Civil Procedure Code, 1908, Section 152, 47, Order 7, Rule 3, Civil Procedure Code, 1908, Section , Order 20, Rule 3 -- When suit as to immovable property decreed and property not definitely identified - Defect in Court record caused by overlooking of provisions contained in Order 7 Rule 3 and Order 20 Rule 3 - Capable of being cured - Resort can be had to Section 152 or..........
Civil Procedure Code, 1908, Section 47, 152 -- If decree is silent about some relief, power either under S.47 or S.152 CPC cannot be exercised by the Court...........
Civil Procedure Code, 1908, Section 152 -- Decree & judgment - Amendment - Based on two important principles: (i) that an act of Court shall prejudice no party and (ii) Courts have the duty to see that their records represent the correct state of affairs - In proceedings for amendment of decree, it is not to be seen what relief was sought by the parties in their pleadings..........
Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Power cannot be exercised to add or subtract from any relief granted earlier...........
Civil Procedure Code, 1908, Section 152 -- Clerical or arithmetical mistake - Neither Arbitrator nor trial Court awarded any pendente lite interest - Held, it is not proper for High Court in revision to grant pendente lite interest in exercise of jurisdiction u/s 152 CPC...........
