Case Note & Summary
The Supreme Court of India, in its civil appellate jurisdiction, addressed a miscellaneous application filed in connection with a civil appeal. The application sought correction of a clerical error in the court's previous judgment dated 24 September 2021. Specifically, the error involved the designation of a stamp authority in paragraph 32 of that judgment, where 'Collector of Stamps, Mumbai' was incorrectly mentioned. The court, upon hearing counsel for both parties, found that the error was clerical in nature and required rectification to accurately reflect the intended designation. The legal issue centered on whether such a correction could be made through a miscellaneous application. The appellant, through advocates, argued for the substitution, while the respondents did not oppose the correction. The court analyzed the matter and concluded that the error was inadvertent and should be corrected to ensure the judgment's accuracy. Accordingly, the court ordered that the expression 'Collector of Stamps, Mumbai' be substituted with 'Collector of Stamps, Pune, Rural' in paragraph 32 of the September 2021 judgment. The miscellaneous application was disposed of in terms of this correction, with the order being finalized as per the signed reportable order. This decision underscores the court's authority to correct clerical errors in its judgments to maintain precision and avoid confusion in implementation.
Headnote
A) Civil Procedure - Correction of Clerical Errors - Substitution of Designation in Judgment - Not mentioned - The Supreme Court considered a miscellaneous application seeking correction of a clerical error in its earlier judgment dated 24 September 2021. The error pertained to the designation 'Collector of Stamps, Mumbai' in paragraph 32 of that judgment. The court directed that this expression be substituted with 'Collector of Stamps, Pune, Rural' and ordered the correction accordingly. Held that the miscellaneous application was disposed of in terms of the signed reportable order, thereby rectifying the clerical mistake. (Paras 1-2)
Issue of Consideration
Whether a clerical error in a previous judgment dated 24 September 2021, specifically the designation 'Collector of Stamps, Mumbai', should be corrected to 'Collector of Stamps, Pune, Rural'
Final Decision
The Supreme Court allowed the miscellaneous application, directing that in paragraph 32 of the judgment dated 24 September 2021, the expression 'Collector of Stamps, Mumbai' shall stand substituted by 'Collector of Stamps, Pune, Rural', and the order shall stand corrected accordingly. The miscellaneous application was disposed of in terms of the signed reportable order.
Law Points
- Correction of clerical errors in judgments
- Substitution of expressions in court orders
- Disposal of miscellaneous applications
