Sec 152 cpc

anu radhalll (Querist) 23 May 2018 This query is : Resolved
Land suit case .1981 consent decree passed.we implemented court decree and got tittle deed and passbook in 1983 .1981 to till now we are cultivating that land . my grandfather is plaintiff and my uncle is defendant. In vakalth and judgement and decree in that defendant father name written wrongly.
Now plaintiff(my grandfather) and defendant (my uncle)both passed away(die) in 2004.
1) defendant sons are there present .Now defendant sons can appeal the consent decree right now???
2) what is a section 152 cpc ??
3 ) suppose if i put a application in court under section 152 cpc -- defendant sons can fight with me or not??

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Kumar Doab (Expert) 23 May 2018
Same matter;
http://www.lawyersclubindia.com/experts/Court-decree-680441.asp

anu radhalll (Querist) 23 May 2018
But i need sec 152 cpc regards

Ms.Usha Kapoor (Expert) 24 May 2018
152. Amendment of judgments, decrees or orders.- Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the court either of its own motion or on application of one of the parties.
Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.
The court can correct an accidental mistake both in the judgment and the decree, but a mere ambiguity is not a ground for correction.
The alterations, amendments or corrections, which S. 152 authorises, are limited by its provisions. They are clerical or arithmetical mistakes in judgments, decrees or orders, and in addition errors arising in judgments, decrees or orders from any accidental slip or omission. Such clerical mistakes or slip orders falling under S. 152, C.P.C. can be corrected even suo motu by the court or on the application of the parties.Under section 96(3) a consent decree cannot be appealed from. If you put in application of defendant's grand father's name wrongly due to clerical mistake so as to correct it why they should fight with you?

Courts have given narrow interpretation of 152. Beyond clerical and arithmetical mistakes or due to o9ver sight all other major mistakes committed by parties or court are not allowed to be submitted for correction.If you put 152cpc before the opposite party it may nut fight with you as their own grand father's name was recorded wrongly and they got an opportunity to correct its clerical mistake and enter correct name they would feel happy about it instead of fighting with you.