correction in decree and plaint
Sanjeevappa. L
(Querist) 25 February 2011
This query is : Resolved
suit for partion decreed before lok-adalath. But in the plaint name of the father of the defendant has been wrongly mentioned as ramappa insted of bheemanna. The same has been mentioned in the compromise decree. Thereafter while changing khatha the said mistake was came to our knowledge. How to correct the said mistake. Please advice me. It is immortant know that the compromise held before the lok-adalat.
Basavaraj
(Expert) 25 February 2011
memo an application under CPC for amendment
Parveen Kr. Aggarwal
(Expert) 25 February 2011
File an application to the same court which passed the decree under section 152 of the Code of Civil Procedure, 1908.
Amit Minocha
(Expert) 25 February 2011
agree with Sh Aggarwal
Sanjeevappa. L
(Querist) 25 February 2011
Sir,the decree is a compromise decree passed by the Lok-Adalat not by the court.
Kirti Kar Tripathi
(Expert) 25 February 2011
The process of amendment will be very long and complicated as legally you have to move application for amendment in plaint and entire process will restart. Since the matter has been decided in Lok adalat, therefore certainly, it will be based on compromise. Thus in case both the parties mover joint application for correction, the same can ne corrected easily.
Parveen Kr. Aggarwal
(Expert) 25 February 2011
Mr. Sanjeevappa,
Even if the decree is a compromise decree and passed by the Lok Adalat, you may apply under section 152 of the Code of Civil Procedure, 1908.
Prashant Kumar Jha
(Expert) 26 February 2011
I am agree with the advice given by Mr KK Tripathy
