Case Note & Summary
The petitioner, Santosh Munavalli, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC), challenging the order dated 02.08.2014 passed by the Principal Civil Judge, Gokak, in O.S.No.17/2013. The trial court had dismissed the petitioner's application filed under Section 152 read with Sections 151 and 153 CPC, seeking correction of the cause title of the judgment and decree. The petitioner had originally filed O.S.No.137/2011 (later renumbered as O.S.No.17/2013) against the respondents for a declaration that his caste is 'Hindu Navi' instead of 'Hindu Lingayat Navi' and for a direction to correct the school records accordingly. After the suit was decreed, the petitioner filed an application to correct the cause title of the judgment and decree, which was dismissed by the trial court. The High Court, after hearing the parties, held that no clerical or arithmetical mistake was apparent on the face of the record, and the trial court had rightly dismissed the application. The revision petition was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Amendment of Judgment and Decree - Section 152 CPC - Clerical or Arithmetical Mistake - The petitioner sought correction of the cause title of the judgment and decree to reflect the correct caste description. The trial court dismissed the application. The High Court held that no clerical or arithmetical mistake was apparent on the face of the record, and the application was rightly dismissed. (Paras 1-4)
B) Civil Procedure - Inherent Powers - Section 151 CPC - Scope - The court cannot use its inherent powers to alter the substantive part of a judgment or decree when there is no error apparent on the record. The application under Section 151 read with Section 152 and 153 CPC was not maintainable. (Paras 3-4)
Issue of Consideration
Whether the trial court was justified in dismissing the application filed under Section 152 read with Sections 151 and 153 of the Code of Civil Procedure, 1908, seeking correction of the cause title of the judgment and decree in O.S.No.17/2013.
Final Decision
The High Court dismissed the civil revision petition, confirming the trial court's order dated 02.08.2014, with no order as to costs.
Law Points
- Section 152 CPC
- Section 151 CPC
- Section 153 CPC
- amendment of judgment and decree
- clerical or arithmetical mistake
- error apparent on face of record
- cause title correction
Case Details
2015 LawText (KAR) (06) 52
Civil Revision Petition No. 100062 of 2014
Laxman T. Mantagani (for petitioner), Ravi V. Hosamani (for respondents 1-4 & 7)
Santosh S/o Ravindra Munavalli
The State of Karnataka, The Deputy Director of Public Instruction, The Block Education Officer, The Head Master, The Principal, The Principal, The Block Education Officer
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Nature of Litigation
Civil revision petition against dismissal of application for correction of cause title of judgment and decree.
Remedy Sought
Petitioner sought to set aside the trial court order and allow the application for correction of cause title.
Filing Reason
Petitioner's application under Section 152 read with Sections 151 and 153 CPC was dismissed by the trial court.
Previous Decisions
Trial court dismissed the application for correction of cause title on 02.08.2014 in O.S.No.17/2013.
Issues
Whether the trial court erred in dismissing the application under Section 152 CPC for correction of cause title of the judgment and decree.
Submissions/Arguments
Petitioner argued that there was a mistake in the cause title of the judgment and decree which needed correction.
Respondents opposed the application, contending that no clerical or arithmetical mistake existed.
Ratio Decidendi
An application under Section 152 CPC for correction of a judgment or decree is maintainable only if there is a clerical or arithmetical mistake apparent on the face of the record. No such mistake existed in the present case, and the trial court rightly dismissed the application.
Judgment Excerpts
The petitioner/plaintiff filed the above revision petition against the order dated 02.08.2014 made in O.S.No.17/2013 on the file of the Principal Civil Judge, Gokak, dismissing the application filed under Section 152 read with Section 151 and 153 of Code of Civil Procedure to correct the cause title of the judgment and decree.
Procedural History
The petitioner filed O.S.No.137/2011 (later renumbered as O.S.No.17/2013) for declaration and correction of caste in school records. The suit was decreed. Thereafter, the petitioner filed an application under Section 152 read with Sections 151 and 153 CPC for correction of the cause title of the judgment and decree. The trial court dismissed the application on 02.08.2014. The petitioner then filed the present civil revision petition under Section 115 CPC before the High Court.
Acts & Sections
- Code of Civil Procedure, 1908: 115, 151, 152, 153
