Error in exhibit no

Guest (Querist) 07 March 2020 This query is : Resolved
1. Court clerk failed to maintain Rojnama in one civil suit for almost one year this I noticed last date , According to system they should write rojnama immediately on that day max to max next day. Computerized Rojanama too not maintained on E Court
2. I noticed from last few months he is writing Exhibit No. again that is we reached Exhibit no. 140 he started writing Exhibit no. 129 etc further marking on paper
3. Now from Exhibit No. 129 there are two paper in court brief

----------
Q1 Whether Section 153 of CPC is correct provision to be used in application praying to court to rectify its record ?
Q2 In case order is passed whether Sec 152 of CPC is correct provision in which application is made or Section 153 of CPC too required

Follow Query

Report Abuse

Quick Summary

This discussion addresses errors in court record-keeping, specifically concerning the maintenance of Rojnama (daily court proceedings record) and the re-use of exhibit numbers. It explores the correct legal provisions, such as Section 151, 152, and 153 of the Civil Procedure Code (CPC), for rectifying such clerical mistakes. The consensus suggests that an application under Section 151 CPC is often sufficient for correcting record-keeping errors, even though Section 152 is typically for rectifying judgments or orders.

Raj Kumar Makkad (Expert) 07 March 2020
Simple application under section 151 CPC shall suffice for this purpose and there is no requirement to move application either under 152 or 153 of CPC as this is only error of keeping the record rather of the contents of the case.

Dr J C Vashista (Expert) 08 March 2020
Although appropriate provision is section 152 CPC for rectification yet you may apply u/s 151 CPC.
However, maintaining roznamcha is internal function of the record keeper / alhalmad / dealing clerk, how your case is affected in its non-maintenance.
How such record can be exhibited and give exhibit number? Recheck and be clear before submitting an application.

Rajendra K Goyal (Expert) 11 March 2020
You can proceed u/s 151 as advised by the experts.

T. Kalaiselvan, Advocate (Expert) 21 March 2020
A application under section 151 CPC giving the details of the desired corrections to be made shall suffice the requirement to set the things alright.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries