Parmod Singh & Ors V/s Jitender Singh & Ors.

Parmod Singh & Ors V/s Jitender Singh & Ors.

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Civil Procedure Code, 1908 Section152Amendment of judgments, decrees or ordersMaintainability

Application dismissed by trial court–The trial court decreed the suit in favor of the plaintiffs but did not explicitly mention the proforma defendants in the relief granted– Whether the omission of the proforma defendants in the relief portion of the judgment and decree constitutes a clerical or arithmetical mistake correctable under Section 152 CPC–Held–Yes–That, the plaintiffs' claim and evidence acknowledged the proforma defendants' ownership rights–Further held-An omission in a judgment or decree that is accidental and does not affect the merits of the case can be corrected under Section 152 CPC, such corrections are permissible–Application maintainable. (Para 22)

Published on
31 January 2025
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09-05-2025
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