The single judge bench of the Andhra Pradesh High Court held that under section 152 C.P.C, not only decrees, amendments even to the documents anterior to the suit can be made as long as there is no dispute to the identity of the property and a separate suit was not warranted.
Brief facts
The factual matrix of the case is that the Plaintiff/Petitioner filed the suit for the specific performance of the agreement of sale. The suit was decreed and was filed for execution. Thereafter, at the time of the registration of the sale deed, it was found out that the survey number was typed as Sy. No.119/2 & 1 in the plaint schedule, but in the suit agreement of sale, the survey number was correctly mentioned as Sy. No.119/2. Therefore, the application was filed under Order 6 Rule 17 C.P.C., to amend the plaint. However, the trial court rejected the application on the ground that the error in the decree cannot be termed as a typographical mistake. Then, the present civil revision is filed.
Contentions of the Petitioner
The Petitioner contended that the documents anterior to the suit can be amended under Section 152 of the C.P.C. It was furthermore contended that the clerical error can be rectified at any stage.
The Petitioner relied upon the judgments titled Kalkonda Pandu Rangaiah v. Kalkonda Krishnaiah, and K.Rani v. Hanumaiah Goud and another.
Observations of the court
The Hon’ble Court observed that according to section 152 C.P.C., amendments can be made to decrees as well as documents anterior to the suit, provided that there is no dispute regarding the identity of the property and that a separate suit was not necessary.
It was noted that there is no question in this instance about who owns the land, and is well known, that the identity of the property is on the basis of the boundaries of the property.
It was furthermore noted that the object of the trial court should always be to see to it that the decree is carried out in order to give the trial a sense of sanctity, as opposed to rejecting the applications and impeding the decrees and the process of trial.
Based on these considerations, the court set aside the order of the trial court in rejecting the Application.
The decision of the court
With the above direction, the court allowed the criminal revision,
Coram: Hon’ble Mr. Justice Nyapathy Vijay
Case No.: C.R.P.No.2367 of 2017
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