Mrityunjay Das v. Jaydeb Das
Case brief
What is this about?
Keywords: Section 152 CPC; clerical error; amendment/correction of judgment or order; probate proceeding; death of executor; deletion of deceased party's name; unexplained delay in filing application; Original Suit No. 03 of 2008; 3rd Additional District Judge, Alipore; order no. 15 dated 12.09.2022; Civil Revision CO 3650 of 2022; dismissal; no interference. Relevant to propositions on the limits of Section 152 CPC where the defect sought to be corrected stems from a party's own omission rather than any clerical mistake by the Court.
What did the court decide?
There was no clerical error in the judgment/order; rather, it was the petitioner who had not brought the fact (of the executor's death) to the notice of the Court timely during the hearing, and the Trial Court keeping in mind Section 152 CPC rightly rejected the prayer. ¶9