Court decree
anu radhalll
(Querist) 06 May 2018
This query is : Resolved
Land case
1--In Court-1989 consent decree is passed for land suit.
2--My father is plaintiff and my uncle is defendant.
3--In court - defendant father name is written wrongly(my uncle's father name written wrongly in vakalth and judgement copy).
4--2009 defendant (my uncle) is died.
Defendant sons (my uncle son's)are there persent.
5--Right now defendant sons can appeal the court decree right now (1989 decree is passed) ??? - based on defendant father name written wrongly (my uncle's father name written wrongly in court decree and vakalth and judgement copy) .
6-- they can do appeal or not???
If yes --- why?!
If no -- why?!
J K Agrawal
(Expert) 07 May 2018
No appeal possible of consent decree. If it remained any clerical mistake, it can be rectified even now or can be understood by the court in correct way.
Vijay Raj Mahajan
(Expert) 07 May 2018
No appeal against the consent decree. However both or either of the party can move application for amendment of the mistake in the decree u/s 152 Civil Procedure Code: [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 the application of any of the parties.
Asgher Mahdi
(Expert) 07 May 2018
Bar by limitation Act, cannot claim & file.
anu radhalll
(Querist) 07 May 2018
Thanks for responsing my question .and also thanks for lawyerclu team..
P. Venu
(Expert) 07 May 2018
Too many assumptions and presumptions! What is the real issue?
anu radhalll
(Querist) 08 May 2018
My grandfathers cultivating land since 100yrs to till now .But in revenue record phanis showing my uncle name 1954 to 1989.IN year of 1989 my father filled a case in my local court .court given a consent decree to my father.my father is plaintiff and my uncle is defendant.
In that decree copy and vakalth and judgement copy defendant father name written wrongly example--really defendant father name (my uncle's father name) is mallaiah but ramaiah written wrongly in court record. Defendant (My uncle) is died in 2009yrs. defendant son's (my uncle son's)are there persent.
Now defendant sons can appeal the court decree right now? Based on defendant father name written wrongly.
Note -- defendant written statement missed somewhere (now I went to court,asked certificate copies)
anu radhalll
(Querist) 08 May 2018
My grandfathers cultivating land since 100yrs to till now .But in revenue record phanis showing my uncle name 1954 to 1989.IN year of 1989 my father filled a case in my local court .court given a consent decree to my father.my father is plaintiff and my uncle is defendant.
In that decree copy and vakalth and judgement copy defendant father name written wrongly example--really defendant father name (my uncle's father name) is mallaiah but ramaiah written wrongly in court record. Defendant (My uncle) is died in 2009yrs. defendant son's (my uncle son's)are there persent.
Now defendant sons can appeal the court decree right now? Based on defendant father name written wrongly.
Note -- defendant written statement missed somewhere (now I went to court,asked certificate copies)
anu radhalll
(Querist) 08 May 2018
My grandfathers cultivating land since 100yrs to till now .But in revenue record phanis showing my uncle name 1954 to 1989.IN year of 1989 my father filled a case in my local court .court given a consent decree to my father.my father is plaintiff and my uncle is defendant. In that decree copy and vakalth and judgement copy defendant father name written wrongly example--really defendant father name (my uncle's father name) is mallaiah but ramaiah written wrongly in court record. Defendant (My uncle) is died in 2009yrs. defendant son's (my uncle son's)are there persent. Now defendant sons can appeal the court decree right now? Based on defendant father name written wrongly. Note -- defendant written statement missed somewhere (now I went to court,asked certificate copies)
