Civil Procedure Code, 1908, Section 153 -- Amendment of execution petition - In the interest of justice amendment in execution petition is permissible...........
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 153, Order 6, Rule 18 -- Correction of decree - Decree prepared in the name of dead plaintiff no.1 - Said mistake was noticed by appellate Court while going through record of Court - Defendant did not raise said issue as one of grounds while assailing judgment and decree passed by original Court - He therefore, cannot be permitted to..........
Civil Procedure Code, 1908, Section 153 -- `Suit' - Term `suit' is comprehensive and encompasses proceedings in the Court of justice by a party for an action under law and proceedings for execution of the order of Court involving different modes of procedure under order 21 CPC...........
Civil Procedure Code, 1908, Section 152, 153 -- Amendment of cause title - Execution proceedings - Ss.152, 153 CPC empower Executing Court to allow amendment of cause title in execution proceedings...........
Civil Procedure Code, 1908, Section 152, 153 -- Amendment of cause title - Recovery suit - Proprietor of firm not arrayed in suit due to accidental slip - However, firm was arrayed as defendant no.3 - Description of defendant no.3 may be imperfect in the plaint, an error which can be permitted to be corrected - It is neither addition nor substitution of a party, but merely..........
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..........
