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...to get them corrected, the present application had been filed under Section 152 CPC and that there is no limitation for filing an application under Section 152 ..., 2001.
9. It is to be noticed that there is no limitation prescribed for filing an application under Section 152 CPC for amendment of a decree. However, such an application can ...filed only so long as the decree remains executable. In other words, if the decree becomes inexecutable by virtue of limitation also, in addition to some other reason or reasons, no application under...
..., 2008 AIR SCW 3241. It is equally well settled in law that though no period of limitation is prescribed under Section 152 of CPC, if...Trial Court by which application preferred by respondent No. 1 under Section 152 of the Code of Civil Procedure (hereinafter referred to as 'CPC'),. has been allowed...purchasers have been mentioned in Annexure P-10, annexed with the writ petition.
5. The respondent No. 4 thereafter filed an application on 6-11-2006 under section 152 of the cpc in which...
...is an error which can be cured by the Court in exercise of its power under Section 152 of the CPC; that for an application under Section 152 of the CPC there is no perio...there being no time limit for filing an application under Section 152 of the CPC the petitioner's application should be entertained. All these contentions of Mr. Misra are well founded. It is, no doubt...thereafter instead of filing a petition under Section 152 of the CPC filed an application under Section 47 of the said Code before the learned Subordinate Judge praying that his judgment and decree be...
...for filing of review, no such limitation is prescribed for seeking correction under Section 152 of CPC. The language of Section 152 CPC itself is clear on this aspect. T...proceedings was 30-11-1976. Claiming that there was some clerical or typographical error in drawing the preliminary decree, the respondent filed IA No. 939 of 1976 under Section 152 of CPC on 28-10....3. The respondent filed IA No. 939/76 under Section 152 CPC for correction of the decree on the ground that the decree drawn by the trial Court was not in conformity with the prescribed form. The...
...stated that the applications were made by the respondents under Section 152 CPC and that for correction of the mistake in the awards no limitation has been prescribed. These observations are not c...passed by the Reference Court; and (2) application made under Section 152 CPC was clearly barred by time and it ought not to have been entertained.4. On the other hand...Order1. The respondents made applications under Sections 151 and 152 of the Code of Civil Procedure (CPC) before the IInd Additional Civil Judge at...
....2. After the decree of the trial court the appellant filed an application under Section 152 of the CPC praying for awarding of interest from the date of the suit till the date of...of 1973 and against the order passed in application under Section 152, Revision Application No. 145 of 1974. The High Court, vide the order impugned herein, partly allowed the appeal by holding the...) Ltd. AIR 1983 Cal 3816. Section 152 CPC provides for correction of clerical or arithmetical mistakes in...
...of any of the parties.”16. There is no limitation for effecting correction in the decree under Section 152 of the CPC and delay by itself would be no bar to an application...application is one under Section 152 of the CPC. for the identical relief of amendment of the decree in F.A No. 98 of 1964 which was merged in the, appellate decree passed in A.H.O No. 1 of 1971, in the...salary in the decree passed in F.A No. 88 of 1964. This application is registered as Civil Review No. 17 of 1971. Simultaneously, the petitioner filed an application under Section 152 of the CPC before...
...any event, there was no scope for amending the order in the manner done in purported exercise of power under Section 152 of the Code.9. In response, the learned counsel....13. The basis of the provision under Section 152 of the Code is founded on the maxim “actus curiae neminem gravabit” i.e an act of court shall prejudice no man. The maxim “is...respondent employee filed an application purported to be made under Section 152 of the Code of Civil Procedure, 1908 (in short “the Code”) claiming that the aforequoted directions were not in order and...
...the appellant received the amount awarded to him and did not prefer a further appeal therefrom. In the year 1995, the appellant filed an application under Section 152 CPC before the Special Sub-Judge...application was not maintainable and the said finding has been affirmed by the High Court.3. We find no reason to interfere with the order of the High Court because a mere perusal of Section 152 makes...it clear that Section 152 CPC can be invoked for the limited purpose of correcting clerical errors or arithmetical mistakes in the judgment. The section cannot be invoked for claiming a...
...our opinion, the successful party has no other option but to have recourse to Section 152 CPC which provides for clerical or arithmetical mistakes in judgments, decrees or orders or errors arising...not be deprived of the fruits of decree. Resort can be had to Section 152 or Section 47 CPC depending on the facts and circumstances of each case — which of the two provisions would be more...appropriate, just and convenient to invoke. Being an inadvertent error, not affecting the merits of the case, it may be corrected under Section 152 CPC by the court which passed the decree by supplying the...
...similar provision in the Industrial Disputes Act, 1947 (in short “the Act”). The provision is similar to Section 152 of the Code of Civil Procedure, 1908 (in short “CPC”).7...Mohd. Gazi v. State of M.P (2000) 4 SCC 342 The principles as applicable to Section 152 CPC are c.... Section 152 provides for correction of clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission. The exercise of this power...
...submitted that even before the trial court no specific issue had been framed regarding limitation and the purported finding of the trial court in respect thereof was in the nature of an observation made in...State Of Punjab v. Darshan Singh . (2004) 1 SCC 328 wherein while considering the limits of the court's powers under Section 152 of the Civil Procedure Code, this Court ...Srivastava submitted that this Court had categorically held (in Darshan Singh (2004) 1 SCC 328) that despite a plea with regard to limitation having been taken in the written statement, no specific...
...dismissed by the High Court on 18-9-1991. The decree-holder filed Interlocutory Application No. 1954 of 1991 before the trial court for amendment of the decree under Section 152 of the Code of Civil...exercise that power, the same was then exercised in revision under Section 115 CPC by the High Court. The argument has merit.6. Section 152 provides that a clerical or...where the judgment of a court provides for pendente lite interest and the decree omits to mention such interest. Such a mistake could be corrected under Section 152 CPC. The correct position of law is...
...under Section 152 CPC filed by the appellant.7. In the circumstances, the appeal is disposed of. No order as to costs....appellant to approach the civil court for correction of the decree under Section 152 CPC, so as to grant interest from the date of decree till the date of payment.4...India . (1999) 3 SCC 257 submits that instead of relegating the appellant to the civil court for making an application under Section 152 CPC for correction of the decree, it was open to the High...
...mistake and error was clerical so the appellant no.2 got it corrected under section 152 of CPC which is free from the bounds of limitation, the effected can move at Owp 808/2017 10 | P a g e any t..., AIR 2006 HP 114 (holding that powers under Ss. 152 and 153 CPC for correction of clerical mistake in judgment can be exercise at any time and that there is no limitation prescribed for exercising such...same stretch of land, which was sought to be incorporated in the decree dated 03.08.1994 in exercise of the powers under Section 152 CPC, the applicant-respondent no.2 was legally obliged to implead the...
...:The basis of the provision under Section 152 CPC is found on the maxim actus curiae neminem gravabit i.e an act of court shall prejudice no man (Jenk Cent-118) as observed...legal position is concerned, there would hardly be any doubt about the proposition that in terms of Section 152 CPC, any error occurred in the decree on account of arithmetical or clerical error or...had not granted the interest pendente lite though such a prayer was made in the plaint but on an application moved under Section 152 CPC the interest pendente lite was awarded by correcting the...
...judgment of the High Court.14. How to solve this riddle? In our opinion, the successful party has no other option but to have recourse to Section 152 CPC which...Court under Section 152 CPC seeking appropriate rectification in the judgment of the High Court so as to clearly specify the extent and manner of reliefs to which in the opinion of the High Court the...slip or omission in manifesting the intention of the court by couching the reliefs to which the plaintiffs were entitled in the event of their succeeding in the suit. Section 152 enables the court to...
...matter for correction under Section 152 CPC but one for appeal and adjudication.17. It was stated that the predecessor Subordinate Judge in his judgment under Section 18 of...and 25 cashew nut trees. Such a mistake can be corrected under Section 152 CPC.30. The respondents referred to the decision of this Court in...Judge of the High Court was right in law in upholding the plea of the claimants that their grievance (which is not sustainable even on evidence) is amenable for correction under Section 152 CPC...
...subject land, in respect of which a criminal case is also pending. It was urged on behalf of contesting respondents that there is no limitation to invoke residuary power under section 43a of consolidation act which...(henceforth referred to as consolidation act) preferred by respondents No. 4 to 7, i.e, the contesting respondents herein, has been allowed by Consolidation Officer vide order of 24th December, 2004...without putting petitioners to notice, although they are in possession of Khasra No. 703 (0-11), in Village Karala, Delhi, which upon repartition has been assigned new Khasra No. 168 (0-11...
...an omission which is intentional, how erroneous that may be. The Supreme Court held in para-6,
"6. Section 152 CPC provides for correction of clerical or...sections 151 and 152 of the cpc even after passing of effective orders in the As pending before them. No court can, under the cover of the aforesaid sections, modify, alter or add to the terms of...Court becomes functus officio and the matter which has been judicially decided by the decree cannot be reopened by an application Under section 152 of the code.
6. For these reasons, the revision-petition is allowed...