Civil Procedure Code, 1908, Section 152, 153A -- Decree - Amendment - Clerical or arithmetical mistakes in the judgments, decrees, orders or errors arising therein from accidental slip or omission can be corrected at any time, by the Court, either of its own motion or on the application of any of the parties...........
Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Doctrine of merger - Decree passed by trial Court when affirmed merges in appellate decree - However, if first appeal is dismissed U.O.41.R.11 CPC, principle of merger would not apply and it would be the Court of first instance which would have jurisdiction to exercise power u/s 152 CPC...........
Civil Procedure Code, 1908, Section 152, 153A -- Decree - Amendment - Where dismissal of appeal by first Court was not U.O.41.R.11 CPC, judgment and decree of trial Court would merge with judgment and decree of affirmance passed by appellate Court and in such case an application u/s 152 CPC would not be maintainable before trial Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court has no power suo moto to amend the plaint or give directions to that effect to any party...........
Civil Procedure Code, 1908, Section 151 -- Concealment of facts - It is a question of merit - Cannot be gone into when dismissal is sought on ground of certain procedural irregularity...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Evidence already on record - Amendment cannot be allowed on the ground that evidence is already there and amendment is sought to bring written statement to conform to such evidence and that there would be no necessity for any additional evidence - It is questionable whether there could be any..........
Civil Procedure Code, 1908, Section 92 -- Public trust - A suit on title or a suit for title cannot be brought under the canopy of a suit u/s 92 CPC...........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of specific performance - DH/vendee did not deposit the balance amount within time, nor he filed any application for making deposit or extension of time for deposit of balance amount - Even no explanation has been given for the same - Decree of specific..........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Execution - Executing Court can execute the decree either in part or in toto...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Dismissal - Appeal not maintainable against dismissal of objections u/s 47 CPC...........
