final degree

Querist : Anonymous (Querist) 20 November 2010 This query is : Resolved
Final degree filed after 35 years, 2 plaintiff died, 3 defendant died, legal heirs are added in final degree application.
No we known that one of the defendant name is given mistakenly in plaint for Subbannagounder as Subbiahgounder. But Preliminary degree passed.
The said Subbannagounder received Courtnotice,RPAD, but his name was mentioned in Subbiahgounder in all notice. The said Subbannagounder filed vakalat and his name mentioned as Subbiahgounder - 5th respondent but hesigned as Subbannagounder. The above final degree application is maintain or not without amendment?

Follow Query

Report Abuse

Parthasarathi Loganathan (Expert) 20 November 2010
It is an interesting case for other experts to ponder. However, author can state as Decree instead of Degree as it does not appear to be a typing mistake repeated in two places.

R.Ramachandran (Expert) 20 November 2010
If anything contained in the decree - whether preliminary or final - is amenable to correction if the error is apparent on the face of the record. Make an application to the Court, the mistake will get corrected.

s.subramanian (Expert) 20 November 2010
Yes. I agree with Mr.Ramachandran. I would like to add that the amendment has to be sought in the plaint since the mistake has originated from there. After that the court would carry out the correction in the preliminary decree invoking sec.152 CPC. You have to file an application under order ^ Rule 17 and Sec.151 of CPC.Unless the plaint is corrected,the preliminary decree cannot be amended. However this mistake will not and cannot have any impact upon the legality and the validity of the decree already passed. It is a curable irregularity.

aman kumar (Expert) 26 November 2010
AGREE

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries