CAN CLERICAL AND ARITHMETICAL MISTAKES BE RECTIFIED IN JUDGMENT AND DECREE?

leadindia422
Sep 14, 2024
3 min read

In Light Of Section 152 Of The Code Of Civil Procedure, The Clerical And Mathematical Error Can Also Be Corrected In The Judgment And Decree, Said Justice Subhash Chand, Who Was Presiding Over The Case. Refusing The Petitioner-Plaintiff's Amendment Request To Fix The Plot Number And Other Data In Light Of The Property Facts As Stated In The Plaint Constitutes An Improper Act On The Part Of The Learned Trial Court.

Section 152 Of CPC

The Modification Of Verdicts, Decrees, Or Orders Is Covered In This Section.
It Provides That The Court May, At Any Time, Repair Any Clerical Or Arithmetical Errors In Judgments, Decrees, Or Orders, Or Errors Resulting Therefrom From Any Unintentional Slip Or Omission, Either On Its Own Initiative Or Upon The Request Of Any Party.
Two Key Tenets Form The Foundation Of This Section:
A Court's Action Shouldn't Harm Any Parties.
The Courts Have An Obligation To Verify That The Information They Have On File Is Accurate And Reflects The Genuine Situation.

Why In The News?

In The Case Of Khageswar Rana Vs Smt. Sundari Devi, The Plaintiff Filed The Partition Claim, And The Matter Was Also Decided In The Plaintiff's Favor, According To The Case's Factual Matrix.
The Preliminary Decree Was Created Using The Judgment As The Basis, But During The Proceedings Leading Up To The Final Decree, The Petitioner-Plaintiff Discovered That Some Plots Had Been Incorrectly Mentioned In The Decree And Judgment Itself, And That One Plot Had Been Incorrectly Mentioned Twice While The Correct Plot Number And Area Were Mentioned In The Plaint.
As A Result, The Petitioners Moved An Amendment Application Before The Learned Civil Court, But It Was Denied. This Has Led To The Filing Of The Current Writ Petition Out Of Anger.

Observations By The Court

The Honorable Court Noted That The Suggested Modification Corrects A Typo That Was Discovered In Light Of The Plaint.
The Court Further Noted That, In Line With Section 152 Of The Code Of Civil Procedure, It Is Well-Established Law That Errors In Math And Clerical Work Can Also Be Corrected By The Judgment And Decree.
The Court Concluded That The Learned Trial Judge Had Made A Serious Mistake In Denying The Application After Taking These Factors Into Account.

In Order To Guarantee That Court Decisions And Decrees Are Free From Typographical Or Mathematical Errors And Accurately Convey The Court's Intentions, Section 152 Of The Civil Procedure Code Is Essential. The Cpc Preserves The Ideals Of Justice And Fairness By Offering A Rectification Procedure, Guaranteeing That Minor Errors Do Not Place An Excessive Burden On The Parties Concerned.

The Courts Must, However, Use This Authority Carefully, Understanding The Thin Line That Separates Fixing Glaring Mistakes From Changing The Core Terms Of A Ruling Or Decree. Section 152 Is An Important Tool In The Judicial Process That Helps Maintain The General Accuracy And Integrity Of The Legal System, Provided That It Is Used Within Its Intended Parameters.

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