Wrong dates given in decree
Querist :
Anonymous
(Querist) 11 December 2011
This query is : Resolved
I am a third party in a case filed by a person against the municipal corporation for an interim stay against a demolition of an unauthorized construction made by them, which was finally dismissed in favor of the corporation by the IIIrd Addl. Chief Judge, city civil courts.
When I applied for a certified copy of the decree and judgment copy, I found a lot of discrepancy in the dates of the decree and also the IA number.
As I am only a third party how can I get the dates and the IA numbers corrected.
Raj Kumar Makkad
(Expert) 11 December 2011
As you were also a party to the suit so you can move a petition under section 152 CPC before the same judge to rectify the grammatical errors.
prabhakar singh
(Expert) 11 December 2011
yeah! rightly advised ,a correction is possible.
Devajyoti Barman
(Expert) 11 December 2011
By third party, do you mean to say that sranger to the suit?
If yes then you can do nothing.
However it seems that it is repated query with some moderation like court's name.
V R SHROFF
(Expert) 12 December 2011
You are a Party to the suit, and have right to apply u/s 152 to same Judge for correction of such gram or typographical error
Querist :
Anonymous
(Querist) 12 December 2011
I am a stranger to this, but the cause of action to the case is becasuse of the writ petition filed by me in the highh court and this case was subsequent to it.
Devajyoti Barman
(Expert) 12 December 2011
Then I rightly pointed out that you have repeated your query which is already answered.
prabhakar singh
(Expert) 12 December 2011
No you have no right to get it corrected as stranger to suit.
However you may contact Municipal Board Executive officer office and persuade him to
move an application for correction.Hopefully he shall agree.
Guest
(Expert) 12 December 2011
Being a third party what concern you have got with the contents of judgment?
Querist :
Anonymous
(Querist) 12 December 2011
I am one of the first petitioner in a WP in the high court for demolition of an illegal and unauthoriized structure made by the party.
When their regularizastion was rejected by the muncipal authorities they filed an os in the 6th junior civil judge, city civil courts against the corporation and obtained a interim stay, which was latter dismissed.
Then they appraoched 3rd addl. chief judge, city civil courts in a C.M.A against the dismissal of their interim stay.
The 3rd additional chief judge also confirmed the observations made by the 6th junior civil judge and dissmissed the case.
In the decree given by the 3rd additional chief judge, the OS number and date of dismissal of the case by the 6th junior civil judge and also the year were wrong in decretal order.
As i am one of the original petitioner in the high court.i am concrned about the decree order as it may affect the case i have filed in the high court.
