Case Note & Summary
The petitioners, who were plaintiffs in O.S.No.129/1994, filed an application under Sections 152 and 153 of the Code of Civil Procedure, 1908 (CPC) in Civil Misc. Appeal No.7/2008, which was a final decree proceeding. They sought correction of certain clerical mistakes in the judgment and decree passed in the original suit. The trial court, i.e., the Senior Civil Judge and JMFC, Indi, rejected the application by order dated 02.06.2014. Aggrieved, the petitioners filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench, seeking to quash the impugned order. The High Court heard the counsel for the petitioners and the counsel for respondent Nos.1 and 3, who had no objection to allowing the petition. Respondent No.2 remained absent despite service, and notice to respondent Nos.4 and 5 was dispensed with as they were ex-parte before the lower court. The court observed that the application was filed during final decree proceedings to correct clerical mistakes in the judgment and decree. The High Court held that the trial court has inherent power under Sections 152 and 153 CPC to correct clerical or arithmetical mistakes at any time, and the rejection of the application was not justified. Accordingly, the writ petition was allowed, the impugned order dated 02.06.2014 was set aside, and the application filed by the petitioners was allowed. The court directed that the necessary corrections be carried out in the judgment and decree in O.S.No.129/1994.
Headnote
A) Civil Procedure Code - Correction of Clerical Mistakes - Sections 152 and 153 CPC - Application for correction of clerical mistakes in judgment and decree - The petitioners/plaintiffs filed an application under Sections 152 and 153 CPC to correct clerical mistakes in the judgment and decree passed in O.S.No.129/1994 during final decree proceedings. The trial court rejected the application. The High Court held that the court has inherent power to correct clerical or arithmetical mistakes at any time and that the application was maintainable. The impugned order was set aside and the application was allowed. (Paras 1-4) B) Civil Procedure Code - Final Decree Proceedings - Sections 152 and 153 CPC - Maintainability of application for correction - The application for correction of clerical mistakes was filed during final decree proceedings in Civil Misc. Appeal No.7/2008. The High Court held that such an application is maintainable even after the decree is passed, as the court can correct mistakes at any time. The trial court's rejection was erroneous. (Paras 3-4)
Issue of Consideration
Whether the trial court was justified in rejecting the application filed under Sections 152 and 153 CPC for correction of clerical mistakes in the judgment and decree in O.S.No.129/1994 during final decree proceedings.
Final Decision
The writ petition is allowed. The impugned order dated 02.06.2014 passed in Civil Misc. Appeal No.7/2008 by the Senior Civil Judge and JMFC, Indi, is set aside. The application filed by the petitioners under Sections 152 and 153 CPC is allowed. The trial court is directed to carry out necessary corrections in the judgment and decree in O.S.No.129/1994.
Law Points
- Sections 152 and 153 CPC allow correction of clerical or arithmetical mistakes in judgments
- decrees or orders at any time
- inherent power of court to amend
- no bar of limitation for such correction
- consent of parties not required for correction of mistakes
