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