- The Hon’ble SC has observed, in B. Boraiah (through LRs) vs. M.G. Thirthaprasad and ors. that once a decree of the trial court is confirmed by the HC, then an application for any correction in the decree can only be maintained in the HC where the decree was confirmed.
- The issue for consideration in the instant SLP against the order of the HC was whether an application for the correction of the decree confirmed by the HC while deciding an appeal on merits be altered by the trial Court, keeping in mind provisions of section 153A of CPC.
- It is pertinent to note that section 153A of CPC states that on dismissal of an appeal by an Appellate Court, the power to amend the decree or Order appealed against may be exercised by the Court which passed the decree or order in the first instance, even if the dismissal has the effect of confirming the decree of the lower Court.
- In this case, the SC observed that the appeal before the HC was in respect of ‘A’ scheduled property while the cross-objection was filed in respect of ‘C’ scheduled property. The fact that the HC had rejected another application, does not address the question of jurisdiction.
- The Apex Court also observed that the operative order which was passed by the HC disposing of the appeal and cross-objection, leaves no doubt that the judgement of the trial Court had merged with the order of the HC. In such a scenario, the application for correction can be maintained only before the HC where the decree had been finally confirmed.
- The Court also observed that an application for the correction can be maintained before the trial Court in such a case only when the appeal has been decided by the HC under Order 41 Rule 11 of CPC. It was not in dispute that the HC has passed the judgement after due consideration of all the aspects on merits and has not rejected the appeal under Order 41 Rule 11.
- Thus, the SC, while granting the applicant permission to present a fresh application for correction before the HC, held that the Trial Court had no jurisdiction to entertain the application for correction of the decree.
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