Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure Ss. 151 & 152 and0.21 Rr.97 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908; Ss. 151 & 152 and O.21 Rr. 97 & 99:Amendment of pleading/judgment/decree - Declaratory suit - Decreed by trial Court - On appeal, affirmed by High Court and Supreme Court - Execution of decree - Application for amendment of plaint for change in the description of the property filed by decree-holder - Rejected by Executing Court - Affirmed by High Court - On appeal, Held: Section 152 CPC empowers the Court to correct its own error in a judgment, decree or order from accidental slip/omission - Provision under Civil Procedure Code recognizes inherent power of Court which is not confined only to amend its own judgment etc. but also in general - The provision, however, should not be construed in a pedantic manner - Thus, a decree could be corrected by the Court in exercise of its power either under s.151 or s.152 of the Code - By allowing the amendment defendant would not be misled nor any substitution of property would take place - Only because some blanks in the schedule of the property have been allowed to be filled in by such amendment, that by itself may not be a ground to deprive the respondent from fruit of the decree.Application for impleadment - Maintainability of - Held: Not maintainable, since applicants being not parties to suit, therefore, not bound by the decree.Doctrines: "Doctrine of actus curiae nemenim gravabit" - Applicability of.Respondent No.1 filed a suit for declaration and possession of certain property as also for damages in the Court of Civil Judge. An ex-parte decree was passed against the appellant He did not prefer any appeal against the judgment and decree passed by the trial Court. The decree was affirmed by the High Court and also by this Court. An application for amendment of the plaint as also of the decree containing the Schedule describing the said property was, however, filed by the respondent before the Executing Court. An objection filed thereagainst by the appellant was rejected by the Court The said order was upheld by the High Court. Hence the present appeal. Later, in this appeal an application for impleadment has been filed by one 'N' on the ground that the he was not impleaded as a party in the proceedings although he had been in possession of the property in question. In the said application, it was claimed by the applicant that he had been in possession of the said property. Respondent-Judgment creditor has also filed an application in the suit for grant of injunction.Appellant contended that having regard to the fact that the sisters of defendant No.1 who were owners of the property had not been impleaded as parties in the suit and an ex parte decree was obtained by the respondent against the appellant, an irreparable injury would be caused to him if the application for amendment of plaint is allowed.Respondents submitted that the court's power to amend a decree is not only confined to a clerical or arithmetical error but also the pleadings of the parties, if a mistake had occurred in the pleadings and the same is continued. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1070 |
Petitioner | Niyamat Ali Molla |
Respondent | Sonargon Housing Co-operative Society Ltd. & Ors. |
SCR | [2007] 11 S.C.R. 346 |
Judgement Date | 2007-10-12 |
Case Number | 4876 |
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