Modification of decree under section 151 of cpc
Charanjit Singh
(Querist) 27 February 2013
This query is : Resolved
I have won property case in 2012 from Hon SC aginst the partner / tenant on the basis of Decree passed in 2006 by Civil Judge. Kindly let me know whether before execution of decree can I apply for modification of decree under section 151 of CPC as one tresspasser in collusion is not vacating certain portion of corner of my shop ( 4ft X 2ft) , in the court where my RD is pending. This tresspsser have already filed on RCS in the court & could not ger Temp injunction from Jr Divn. His appeal has been dismissed recently by ADJ ( Sr Divn) also.
Devajyoti Barman
(Expert) 27 February 2013
Modification of decree is done u/s 152 or 153 CPC on the ground of typing error only.
SC is not the place for it.
Raj Kumar Makkad
(Expert) 28 February 2013
No modification in the decree is required for the purpose you mentioned as all such tresspassers can be very well vacated by executing court under the provisions of Order 21 of CPC. So separate case is required for that purpose.
Charanjit Singh
(Querist) 28 February 2013
Respected Makkad ji,
I am once again grateful to you for your prompt reply. One thing I need to ask you here that whether I have to file a separate case for the same property as mentioned by you in last sentence or I have to file an application in the same court where my Regular Darkhast is pending for execution of decree. I am little bit confused by reading your reply.
I will will be very much thankful if you elaborate the reply mentioned above as I have to explain my lawyer the whole matter based on your reply.
Regards & Thanks,
Charanjit
