Shiam Alias Shyam Singh Vs Ishri Parsad Alias Ishwari Parsad and Others

Pr e sent civil revision petition has been directed against the o r der dated 14.05.20 2 5 passed by the learned Civi l Judge (Junior Division), Pal w al, whereby the ap p lication filed by respondent/de c ree-holder under Order VI Rul e 17 CPC for amend m ent of the execution petition h a s been allowed.

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Brief Facts

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Th e brief facts necessary f or adjudication are that the plaintiff/respon d ent filed a suit for possession against the pre s ent petitioner/defendant, alleging that he is the ow n er in possession of the agricult u ral land in dispute and that the defendants, havin g no right, title or interest ther e in, were threatenin g to dispossess him. It was furt h er alleged that about a year prior to filing of the su i t, the plaintiff had been forcibly dispossessed from a part of the property. The s aid suit was decreed in favo u r of the plaintiff, and the ap p eal preferred there a gainst was also dismissed. The r eafter, the decree-holder instit u ted

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TRIPTI SAINI 2025.09.17 14:23 I attest to the accuracy and integrity of this document

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CR-6544-2025 (O&M) - 2 -

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an execution p etition. During the course of execution proceedings, JD N o.2 appeared and t he case was adjourned for fi ling of objections. However, on 20.03.2025, JD No.2 was proceeded against ex parte. Thereafter, the decree-ho l der moved an appl i cation under Order VI Rule 1 7 CPC seeking amendment of the execution petiti o n so as to rectify certain mist a kes. The amendments sought w ere with respect t o correction of the date of judgment, the suit number, a nd clarification re g arding the description of the j udgment-debtors and warrant s of possession. Th e learned Executing Court, whil e observing that such relief did not strictly fall wit h in the domain of pleadings, tr e ated the application under Sec t ion 151 CPC and, f inding the corrections to be ne c essary for proper execution of the decree, allowed the same vide the impugned or d er.

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He a rd.

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Ha v ing gone through the record a nd the impugned order, I find no merit in the pr e sent revision petition. The a m endments allowed by the lear n ed Executing Cour t are only clerical and typograp h ical in nature, such as correctio n of the date of judg m ent from 17.10.2018 to 17.01. 2 018, correction of the suit num b er, and rectificatio n of the date of decree and des c ription of judgment-debtors. T h ese do not in any m anner change the substance of t he decree or confer any additi o nal rights on the d ecree-holder. Rather, they on l y bring the execution petitio n in conformity wit h the decree already passed. 5. It i s a settled principle that wr o ng mentioning of a provisio n or inadvertent err o rs in pleadings cannot disent i tle a party to relief which h e is otherwise lawf u lly entitled to. The Executin g Court has rightly exercised its inherent power s under Section 151 CPC to cor r ect such clerical mistakes in o r der

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TRIPTI SAINI 2025.09.17 14:23 I attest to the accuracy and integrity of this document

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CR-6544-2025 (O&M) - 3 -

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to do complete justice. No prejudice has been shown to have been caused to the petitioner/judg m ent-debtor by the amendments i n question.

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Conclusion

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In v iew of the above discussion, th e impugned order dated 14.05.2 0 25 does not call f o r any interference by this Cour t . The civil revision petition, b e ing devoid of any m erit, is accordingly dismissed.

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Pe n ding application(s), if any, also stand disposed of.

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September 17, 2 025 (MANDEEP PANNU) tripti JUDGE Whether s peaking/non-speaking : Speaking Whether reportable : Yes/No

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TRIPTI SAINI 2025.09.17 14:23 I attest to the accuracy and integrity of this document

Shiam Alias Shyam Singh v. Ishri Parsad Alias Ishwari Parsad and Others

Case brief

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Shiam Alias Shyam Singh v. Ishri Parsad Alias Ishwari Parsad and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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