Without notice to defendant can a exparte decree be corrected & amended
Rajat sahotra
(Querist) 06 June 2013
This query is : Resolved
Dear Experts please
Is it compulsory for the civil judge to issue notice to the already ex-parte defendant on a application moved by the plaintiff for correction & amendment of the ex-parte decree passed in favour of the plaintiff?
whether an EX-parte decree can be corrected or amended without giving notice to the respondent /defendant in a application under sec 151 and 152 for correction and amendment of ex-parte decree?
Anirudh
(Expert) 07 June 2013
The moment you say there is correction, I take it is rectification of mistake apparent on the face of the record. If that be so, no notice is required to the defendant.
Rajat sahotra
(Querist) 07 June 2013
but where is the provision no notice is required to the defendant.
Civil judge says its compulsory to issue notice to ex parte defendant for correction.
the correction is of the date of institution of case from where the interest on decreetal amount is to be charged.
please help?
Advocate Ravinder
(Expert) 08 June 2013
Yes you have to give notice to the other side even though he is exparte formally. If the Honble court is not satisfied with it he may order for even substituted summons (by way of paper publication) on the other side.
RAJU O.F.,
(Expert) 13 June 2013
If it was an error apparent on the part of the Court, the decree cn be corrected without service of notice to the ex-parte Defendants. But if it is any other material alteration in the Decree, the Court can order issue of fresh notice to the defendants.
