error in preliminary decree

binukokkad (Querist) 14 July 2011 This query is : Resolved
plaintiff filed a suit for partition of property. As per title deed extend of property is 5 acre 34 cents only. but the plaintiff mistakenly mention in the schedule of the property in the plaint as 6 acre 20 cents. munsiff court passed a preliminary decree. defendant filed 1 st appeal before sub court against the decree. 1 st appeal dismissed holding the findings of lower court. defendants proffered an appeal before the high court. admission rejected. the plaintiff filed a final decree application before the munsiff court. an adv.commission appointed to measure the property and effect the partition asper p.decree. adv. commoner surveyed the property as per p.decree and submitted his report. case posted to hearing on the final decree application. only at that point of time the defendants noted that the error occurred in the p.decree as well as mistakes in the plaint schedule. can this error be correct?, what steps to be taken by def?, what we do next? please give advice to sole this problem. we are for defendants in this matter

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prabhakar singh (Expert) 14 July 2011
file an application for correction u/s152read
with151 cpc
151. Saving of inherent powers of Court— Nothing in this Code shall be deemed to limit or otherwise affect
the inherent power of the Court to make such orders as may be necessary for the ends of justice or to
prevent abuse of the process of the Court.
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 the application of any of the parties.

Ravikant Soni (Expert) 14 July 2011
I m of differ view...

As you written the schedule of property which given in plaint has mistakes and decree passed accordingly. then this error does not comes in the scope of 152 of CPC.

But you are still availed right of amendment in plaint. Even after passing of final decree.
So apply amend plaint under order 6 rule 17 cpc read with u/s 151 beside you may pray to rectify the prel.decree.