//
you're reading...
CHEQUE BOUNS CASE

amendment of decree ? – Under Section 152 of the of the Code of Civil Procedure, 1908 (for short “CPC”) clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court either of its own motion or on the application of any of the parties. By no stretch of imagination, it can be said that there was any clerical or arithmetical mistake in the decree as originally made, nor any accidental slip or omission could be deciphered therein. The lower Court appears to have proceeded on the premise that since the respondents represent the estate of the deceased, their liability is confined to the extent of the properties left by the deceased and in their occupation. While in law this position may be correct, the addition of the words having the effect of restricting the respondents’ liability to the estate left by the deceased, amounts to amendment of the decree. Such an amendment of the decree does not fall within the scope of Section 152 CPC. In this view of the matter, the order of the lower Court cannot be sustained in law and the same is accordingly set-aside. However, the respondents shall be free to question the decree in accordance with law, if they feel aggrieved thereby.

*HON’BLE SRI JUSTICEC.V. NAGARJUNA REDDY

A Decree From Julia

A Decree From Julia (Photo credit: danepstein)

+C.R.P.No.618 of 2012

% 19-6-2012

# Nagapuri Sadanadam                                                           .. Petitioner

 

Vs.

 

$ Paleti Aruna Kumari and others                                 .. Respondents

 

 

 

 

 

<GIST:

 

>HEAD NOTE:

 

 

 

! Counsel for petitioner : Sri Ravulapati Sreenivasa Rao

^ Counsel for respondents : Ms. B. Avani Reddy

for Sri Kowturu Vinaya Kumar

 

 

 

 

 

 

?CASES REFERRED:

Nil

 

HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY

C.R.P.No.618 of 2012

Date : 19-6-2012

Between:

Nagapuri Sadanadam                                                    .. Petitioner

 

And

 

Paleti Aruna Kumari and others                                              .. Respondents

 

 

 

 

 

 

 

 

 

 

 

Counsel for petitioner : Sri Ravulapati Sreenivasa Rao

Counsel for respondents : Ms. B. Avani Reddy

for Sri Kowturu Vinaya Kumar

 

 

 

 

 

 

 

 

The Court made the following:

 

ORDER:

This Civil Revision Petition arises out of order dated 18-6-2009 in I.A.No.241/2009 in O.S.No.126/2006 on the file of the learned Junior Civil Judge, Madhira.

The petitioner filed the above mentioned suit for recovery of certain amount from the respondents towards the liability incurred by the husband of respondent No.1 and father of respondent Nos.2 and 3.  The said suit was decreed exparte on 20-11-2006 in the following terms:

“1. That the defendant do pay to the plaintiff a sum of Rs.68,800/- with costs and future interest @ 6% p.a. on Rs.40,000/- from the date of filing of the suit till the date of realization.

2.  That the defendants do pay to the plaintiff a sum of Rs.4416-00 towards costs of the suit.”

 

I.A.No.241/2009 was filed by the respondents for amendment of the said decree on the plea that there is an accidental slip and omission in the decree.  The respondents sought for addition of the words to the decree to the effect that the decree shall be executed against the estate, if any, left by the principal Late Paleti Krishna Rao, and in possession of the respondents.  This application was allowed by the lower Court, by amending Clause (1) of the decree as under:

“1. That the defendant do pay to the plaintiff a sum of Rs.68,800/- with costs and future interest @ 6% p.a. on Rs.40,000/- from the date of filing of the suit till the date of realization from out of the properties of the deceased P. Krishna Rao.

2.  That the defendants do pay to the plaintiff a sum of Rs.4416-00 towards costs of the suit.”

 

Under Section 152 of the of the Code of Civil Procedure, 1908 (for short “CPC”) clerical or  arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court either of its own motion or on the application of any of the parties.  By no stretch of imagination, it can be said that there was any clerical or arithmetical mistake in the decree as originally made, nor any accidental slip or omission could be deciphered therein.  The lower Court appears to have proceeded on the premise that since the respondents represent the estate of the deceased, their liability is confined to the extent of the properties left by the deceased and in their occupation.  While in law this position may be correct, the addition of the words having the effect of restricting the respondents’ liability to the estate left by the deceased, amounts to amendment of the decree.  Such an amendment of the decree does not fall within the scope of Section 152 CPC.  In this view of the matter, the order of the lower Court cannot be sustained in law and the same is accordingly set-aside.  However, the respondents shall be free to question the decree in accordance with law, if they feel aggrieved thereby.

The Civil Revision Petition is accordingly allowed.

As a sequel, C.R.P.M.P.No.841/2012 is disposed of as infructuous.

________________________

Justice C.V. Nagarjuna Reddy

Date : 19-6-2012

AM

Advertisements

About advocatemmmohan

ADVOCATE

Discussion

No comments yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: