Clerical mistake in decree
Adv Vikramsinh Mohite
(Querist) 15 March 2013
This query is : Resolved
Hon,ble Experts,
Kindly advise on the following.
We have distributed our family agricultural land in 1999 via Compromise Decree of Court and parties are given possessions at that time.
However, there is clerical mistake in decree. One of the parties (party D)share is not mentioned in decree. However, it is mentioned in the Compromise Deed which given exhibit number and is referred in decree. Decree specifically mentiones as per the Exhibit No.19 (compromise deed)...... The decree has missed last two lines from Exhibit 19.
1. Is decree valid with respect to the share of Party D mentioned above?
2. Is it required to get the decree corrected?
3. Can the clerical mistake corrected now?
4. What is the procedure for correction of clerical mistake?. Decree was made by Taluka Court.
Thanks
ajay sethi
(Expert) 15 March 2013
decree is absed on comrpomise deed . said deed mentions share of party D . generally draft decree is prepared and if you have any corrctions you have to do it at that stage . onlyy then is finalised and settled .
you have woken from your slumber after 13 years . you will have to move taluuka court for gettiing it corrected
Raj Kumar Makkad
(Expert) 15 March 2013
1. No.
2. Yes.
3. Yes.
4. Move an application under section 152 of civil Procedure code seeking correction of that error.
prabhakar singh
(Expert) 15 March 2013
The decree passed with reference of compromise where there is no mistake hence such a clerical mistake can not renderdecree in valid as correction is possible by moving an application under section 152 of C.P.C read with s.151.
R.K Nanda
(Expert) 15 March 2013
agree with Prabhakar Sir.
