Amendment of Decree

Querist : Anonymous (Querist) 04 March 2011 This query is : Resolved
1. There is a Decree for Specific Performance (passed in 1994) in which Judgment Debtor is directed to
a. Apply for permission from MCD to sell a portion of Leasehold Shop.
b. If Permission is granted by MCD then to execute a Sale Deed in favour of Decree Holder.

2. But MCD refused to grant permission. (rejected more than 8 times in last 17 years)

3. Hence it has become final that MCD will not grant permission and therefore Decree has become un-executable.

Query : Whether this Decree can be amended for Monetary Compensation, at this stage.

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Dayananda Gowda (Expert) 04 March 2011
No. The relief can not be alter under section 152 of cpc. Only clericle mistake may altered

Devajyoti Barman (Expert) 04 March 2011
Yes, right. However you can file a fresh suit.

Chanchal Nag Chowdhury (Expert) 04 March 2011
I beg to differ.Since the decree for Specific Performance was subject to a condition precedent which is impossible, it may be interpreted to be a mistake on the part of the court & the court is never powerless to correct its own mistake & it is not limited to clerical mistake only.
The decree holder may again approach the court provided it has adequate explanation for the inordinate delay.

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