All,
I got an interim stay on my application made under Order 39 Rules 1& 2 read with section 151 CPC after giving opportunity to defendants to heard. Thereafter Court always passed the orders stating therein that “Interim Order to continue till then” and as of now my application has not been disposed and is in the stage of argument but from last two orders court had not mentioned “Interim Order to continue till then” when gives adjournment on request of counsels.
Please provide your valuable suggestion on my below queries:
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As per my view this is Clerical Mistake or Omission Error in order.
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Is my interim stay is continuing or not? If Yes, please provide any Supreme Court Judgment for the same.
- Can I as a Plaintiff approach the Court as per section 152 CPC to remove Clerical Mistake or Omission Error in order? If Yes in what way
a) Bring this error in court knowledge by appearing in person before the date which is already fixed, so that court can remove the error by its own motion.
b) By filing application made under section 152 CPC so that court can remove the error in order and if I file this application can I have to serve the copy of this application to defendants or just file the application before the court?
Thanks & Regards
