Amendment - Judgements/Decrees/Orders - Limitation

- Amendment - Judgements, Decrees, Orders.. 

                                 

- The court either of its own motion or on the the application of any parties may amend clerical or arithmetical mistake in judgements , decrees or orders or errors arising therein from any accidental slip or omission at any time be corrected.

- Above power of amendment or rectification or correction may be exercise at any time by court.

- But the court may exercise above power within reasonable time.

- The above power of court may be exercised in respect of compromise decree also.

- The court has no power to correct omission which goes to merit of the case.

- The court has no power to modify or set aside any judgement, decree or order as per above provision.

- In fact the period of limitation is not prescribed in C.P.C. for amendment of judgements, decrees or orders by court as per above power.

= = Relevant Provision ===

- Section 152 of C.P.C.

- section 29 of The Limitation Act 1963.

== Relevant Judgement ==

-State  or Maharashtra v/s Shyamkant Dattatraya Patil 2006(3) M.L.J.577.

Jaylaxmi Narayan v/s Oswald Coelho and another A.I.R 2001 S.C.1084=2001(3) M.L.J.498.

- Latabai N.Telang v/s Suresh N.Telang 2006(1) M.L.J.440.

- Peethai Suryanarayana v/s Repaka V. R.Kishore A.I.R.2009 S.C.2141.

- Srihari v/s Sayed Maqdoom Shah 2015(3) M.L.J.582(S.C.).

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Civil M.A. - procedure/provision applicability

 - Civil Miscellaneous Application - - - - - Procedure - Applicability of Provision

                                     

                          

- Basically if we peruse all Orders of The Code Of Civil Procedure 1908 we find that those are provided for suit or applicable to the suit.

- For example if we peruse Order 1,2, 4 , 9, 10, 11, 13, 14,16, 23, 26 to 34, 38, 39, 40 of The Code Of Civil Procedure 1908 those shows that all are applicable to suit.

- In fact the procedure provided in the The Civil Procedure Code 1908 in regard to suit shall be followed, as per as it can be made applicable, in all proceedings in any Court of civil jurisdiction.

- So in Civil Miscellaneous (Civil M.A.) party to it may  claim relief like Temporary Injunction, Court Commission, Amendment, etc which may be claimed in Civil Suit.

- In fact civil court have same jurisdiction in respect of civil miscellaneous proceeding like civil suit.

= = Relevant Provision = ==

- Section 141 of The Code Of Civil Procedure 1908.

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