Civil Procedure Code, 1908, Section 152 -- To invoke powers u/s 152 of the Code, two conditions must be present, viz. (a) There has to be a judgment or decree or an order, as the case may be, and (b) judgment or decree or order, as the case may be, must contain any clerical or arithmetical error for its rectification - Any party to such judgment, decree or order, as the..........
Civil Procedure Code, 1908, Section 152, 151, 153 -- Correction of typographical mistake in plaint, judgment and decree - Error crept in plaint regarding wrong khasra numbers and resultantly suit of plaintiffs decreed - Court has power to correct arithmetic and clerical mistake in judgment and decree u/ss 151, 152, 153 CPC - Trial Court directed to carry out necessary..........
Civil Procedure Code, 1908, Section 152, 47 -- Lok Adalat award - Clerical mistake in reproduction of actual terms agreed between parties - Executing Court can exercise powers u/s 152 of the Code for correcting an award...........
Civil Procedure Code, 1908, Section 151, 152, Order 22, Rule 3 -- Correction of decree - Decree passed in favour of a dead person - Plaintiff died during pendency of suit - Application filed to implead his L.R's - Decree passed without deciding application to impleaded L.R's of deceased plaintiff - Correction of decree - Since the application to implead L.R's of deceased..........
Civil Procedure Code, 1908, Section 152 -- Judgment/order - Rectification of typographical error or any clerical mistake - Once, judgment/order is pronounced and if any party to the same wants any rectification of any typographical error and any clerical mistake regarding date or number, such a party may apply to the concerned Court for correcting such an error in the..........
Civil Procedure Code, 1908, Section 152 -- Correction of decree - Court has to exercise power u/s 152 CPC sparingly and Court cannot go into merits of case to alter or add terms of original decree or to give a finding in body of judgment which was sought to be corrected...........
Civil Procedure Code, 1908, Section 152 -- Correction of decree - Decree passed in suit for partition and separate possession - Correction sought in the decree is not merely a clerical mistake or an error on the basis of an accidental slip or omission - Certainly it goes to merits of case - More so, very issue which touches upon extent of decree passed has been decided in..........
Civil Procedure Code, 1908, Section 152, Order 6, Rule 17 -- Decree passed - Wrong Khasra numbers mentioned - Amendment of plaint and correction in judgment and decree - If plaint involved some omission, the same can be rectified just to advance the real spirit of the lis between the parties on all equitable legal considerations - Order allowing amendment of plaint and..........
Civil Procedure Code, 1908, Section 152 -- Clerical mistake - S.152 CPC is limited and confined to only correction of mistake or omission mentioned therein - Plea sought to be raised by JD that surplus amount of decree has been ordered to be returned to respondent no.2 alone, which is a clerical mistake, held rejected, as same does not fall within provision of S.152 CPC -..........
Civil Procedure Code, 1908, Section 152 -- Correction - Limitation - S.152 CPC permits correction at any point of time - Art.137 of Limitation Act has no application...........
