Civil Procedure Code, 1908, Section 152 -- Modification of preliminary decree - Once preliminary decree is merged in decree of appellate Court, trial Court has no jurisdiction to modify or amend preliminary decree...........
Civil Procedure Code, 1908, Section 152, 151 -- Correction/amendment of decree - Court is not empowered to correct/amend decree which is in accordance with findings recorded in judgment even if it is erroneous not falling within in its ambit...........
Civil Procedure Code, 1908, Section 152, 151, 11 -- Correction/amendment of decree - Res judicata - Application u/ss 152, 151 CPC is not maintainable filed after rejection of application filed u/s 47, 151 CPC raising same objection, being hit by res judicata...........
Civil Procedure Code, 1908, Section 152 -- Correction/amendment of judgment - Valuation of subject matter of suit property - Parties were heard on issue of valuation and then trial Court ascertained the valuation of subject matter of suit property - It cannot be said that valuation was only clerical or arithmetical mistakes or accidental slip - Application rightly..........
Civil Procedure Code, 1908, Section 151, 152 -- Correction of sale deed executed pursuant to decree - Correction of Gut numbers - There was an error not only on the part of decree holder but also on the part of Executing Court - Court can issue necessary directions for correction of sale deed - Application allowed...........
Civil Procedure Code, 1908, Section 152, 153 -- Correction/amendment of decree - Court may, at any time, amend any defect or error in any proceedings in a suit - S.153 CPC is not only confined to judgments, decrees or orders passed, it also enables Court to permit amendment of any defect or error in any pleadings in a suit - Such amendment is required to be allowed to..........
Civil Procedure Code, 1908, Section 151, 152, 153, Order 23, Rule 1, 3 -- Proviso - Consent decree - Alteration/Modification of decree - Mistake - Consent decree cannot be modified/altered unless the mistake is a patent or obvious mistake...........
Civil Procedure Code, 1908, Section 151, 152, 153, Order 23, Rule 1, 3 -- Proviso - Consent decree - Alteration/Modification of decree - Court can entertain an application u/s 151 CPC for alterations/modification of consent decree if the same is vitiated by fraud, misrepresentation or misunderstanding...........
Civil Procedure Code, 1908, Section 151, 152, 153, Order 23, Rule 1, 3 -- Proviso - Consent decree - Alteration/Modification of decree - Court in exercise of its inherent powers may rectify the consent decree to ensure that it is free from clerical or arithmetical errors so as to bring it in conformity with the terms of the compromise...........
Civil Procedure Code, 1908, Section 152 -- Correction of judgment or decree - An application for correction of judgment or decree can be filed by either D.H. or J.D. - Court has also suo motu power to amend a judgment or decree...........
