Case Note & Summary
The petitioner, as legal representative of the original plaintiff, had obtained a decree in Regular Civil Suit No.12/1997 for recovery of possession of land admeasuring 63R out of S.No.16 at Purna, and a perpetual injunction against the Municipal Council, Purna. The decree attained finality. The petitioner filed Regular Darkhast No.2/2004 for execution. During execution, the petitioner filed an application at Exh.125 seeking amendment in the Darkhast to correct the description of the property to align with the decree. The executing court rejected the application. The High Court, in writ petition, considered whether the executing court can allow such amendment. The court noted that execution proceedings are a continuation of the suit and that the court has power under Section 152 CPC to correct mistakes. The court held that the amendment sought was to carry out the decree and not to alter it. The impugned order was set aside, and the amendment was allowed. The court directed the executing court to proceed with execution in accordance with law.
Headnote
A) Civil Procedure - Execution of Decree - Amendment in Execution Application - Section 152, Code of Civil Procedure, 1908 - The petitioner/decree holder sought amendment in Regular Darkhast No.02/2004 to correct the description of the suit property to match the decree. The executing court rejected the application. The High Court held that the executing court has power to allow amendment to carry out the decree and that execution proceedings are continuation of suit. The court set aside the impugned order and allowed the amendment. (Paras 1-10)
Issue of Consideration
Whether the executing court can allow an amendment in the execution application (Darkhast) to correct the description of the property to align with the decree?
Final Decision
The impugned order dated 31.07.2012 passed by the learned Civil Judge, Jr. Division, Purna is set aside. The application at Exh.125 is allowed. The executing court is directed to proceed with execution in accordance with law.
Law Points
- Executing court can allow amendment in execution application to correct description of property
- Amendment under Section 152 CPC is permissible to carry out decree
- Execution proceedings are continuation of suit
- Court can correct clerical or arithmetical mistakes in judgments
- decrees or orders at any time
