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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 ...originally) is barred by limitation by operation of law, and in case such a decree is amended/ corrected at a later stage under Section 152 CPC, such amended decree cannot be executed since the decree...
...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 ...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 decre...
...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...
...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 28-10-1976, i...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....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 for...
..., 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...
...stated that under section 151 and 152 of cpc, there is no limitation to move an application to remove any clerical mistake in the order. However, the counsel for the revision petitioner has referr...to Clause (iv) of the Regulation No. 14 of the Consumer Protection Regulations, 2005, which reads as under:- (iv) The period of limitation for filing any application for which no...amended that instead of the date 13.8.2010, it be read as 13.8.2008. 2. Consumer Complaint No. 466 dated 14.6.2010 was filed by the complainant under the...
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...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, ...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 b...
.... This shall be done either under Section 151 or 152 C.P.C If Section 151 or 152 of CPC is applicable, there is no limitation. The court shall undo the...was not passed under Order 34 CPC. So there is no merit in the submission of the learned counsel that under Order 34 Rule 11 of CPC the first respondent bank is entitled to...get interest at the agreed rate. The only provision applicable is Section 34 CPC. Under the said provision, in transactions other than commercial transactions the future interest can be only 6%. In this...
...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...No. 4 to 7 herein) under section 43a of consolidation act being decided by the Consolidation Officer on remand. While recognizing right of scheme kabiz, by relying upon Apex Court decision in Amar...Sunil Gaur, J.:— The grievance of petitioners in this writ petition is that application under section 43a of east punjab holdings (consolidation & prevention of fragmentation) act, 1948...
...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...
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ORDER
IA No.11269/2024 under section 5 of the Limitation Act, 1963 is allowed and the delay in filing the application is condoned. This review petition ...GAJENDRA SINGH ON THE 27thOF NOVEMBER, 2024 REVIEW PETITION No. 1351 of 2024
SMT. KRISHNA BAI
Versus
BHERULAL S/O HEERALAL MALI.../24.
2. Facts in brief are that second appeal no.1029/24 was...
...by the learned counsel for the respondent is that as the judgment was amended on an application under section 151 or Section 152 of the CPC and the appeal is not confined to or b...be given effect to. It is clear from the order passed on 8-7-1966 that the judgment was amended under Section 152 of the CPC for removing a clerical defect. The amendment does not in all cases give a...view that if the decree is amended on an application under section 151 or section 152, Code of Civil Procedure, and the appeal is confined to the amended portion only, the...
...(Annexure P-2) was filed on 29.09.2007 i.e after 11½ years of the passing of judgment and decree. There may not be specific limitation period prescribed for moving application under Section 152 CPC, but ev...plaintiff under Section 152 of the Code of Civil Procedure (in short - CPC), has filed this revision petition under...that period of 11½ years cannot be said to be reasonable period for moving application under Section 152 CPC. At the risk of repetition, it may be highlighted that the application (Annexure P-2) also...
...Collector was designated to be a court subordinate to the High Court under Section 115, Civil Procedure Code (for short “CPC”), Section 5 of the Limitation Act (26 of 1963) stands attracted. Though sub...limitation. The High Court in revision under Section 115, CPC, similar to Gujarat Amendment, allowed the revision holding that since the notice did not contain all the details of the award, notice under...application referable under the CPC and it contemplates an application to the court as provided in the Third Schedule to the Limitation Act. Section 4 of the Limitation Act also refers to the closure...
...even if it has been enforced. A similar difficulty can also be imagined when a civil court exercises a similar power under Section 152 of the CPC. But no one has so far suggested that because of that diffi...correctional jurisdiction conferred on the adjudicating authority under Section 6(6) is in terms identical with the one conferred under Section 152 of the CPC and rule 28 of the Industrial Dispute...and also does not come under the definition of ‘settlement’ given in Section 2(p), so the same could not be considered binding on the parties under Section 18(1) of the Act. I have no reason to differ...
...also the case as regards Section 152 CPC, the question of limitation will not arise as the limitation Act or the CPC does not bar the amendment of the decree at any point of time. vi) The judgment...in I.A. No.1 of 2019 in O.S. No.75 of 2007 passed by the Trial Court under Section 152 of the Code of Civil Procedure (for brevity CPC), whereby, the Trial Court ha...under challenge in this revision in I.A. No.1 of 2019, has allowed the application filed by the respondent/plaintiff under Section 152 CPC. 6. The petitioners...
...condoning the delay in filing of this appeal on the application filed under Section 5 of Limitation Act?
2. Whether the second respondent made out good grounds by filing application .... FOR R2)
2
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE...view of the concurrent finding recorded by the Courts below and the case having not given raise to any substantial question of law, the appeal filed under Section 100 CPC being not maintainable is...
...decree, filed a petition on 19.06.2000 under Order 9 Rule 13 CPC which was registered as Misc. Case No. 152 of 2000. Together with the said misc. case, the opposite party...also filed a petition under Section 5 of the Limitation Act. The learned Civil Judge (Junior Division), Ist Court..., Cuttack on considering of the evidence and upon hearing the parties rejected petition under Section 5 of the Limitation...
...plaintiffs in the OS No.152 of 2017. I.A No.13 of 2019 was filed under Section 5 of Limitation Act to condone the delay of 132 days in filing the petition under Order 9 Rule 13 of ...counsel appearing for the respondents.
6. On hearing, this court observed that under Section 5 of Limitation act, court is having ample power to set aside the ex pate...delay under Order 9 Rule 13 CPC. Except stating the fact that she is suffering from ill health there is no proof of record to that extent. Even, after the petitioner was set ex parte on 7.11.2017...