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VIJAY NAIDU (Student)     02 October 2017

Correction of delivery receipt in closed execution petition.

Dear members,


Executing Court to entertain an application for amendment of delivery receipt, once E.P. was closed

A delivery warrant and delivery receipt were issued in favour of the Decree holder, by the Executing Court.

Is it possible when competency of execution court to entertain an application for amendment once execution petition was closed maintainability of execution application for amendment in delivery receipt.

can we file a fresh E.A or E.P for correction of delivery receipt. What is the exact procedure to correct delivery receipt.  

Dear members,


Executing Court to entertain an application for amendment of delivery receipt, once E.P. was closed

A delivery warrant and delivery receipt were issued in favour of the Decree holder, by the Executing Court.

Is it possible when competency of execution court to entertain an application for amendment once execution petition was closed maintainability of execution application for amendment in delivery receipt.

can we file a fresh E.A or E.P for correction of delivery receipt. What is the exact procedure to correct delivery receipt.  

 



Learning

 3 Replies

Azhagananth (Lawyer)     02 October 2017

what was the amendment sought for?

adv. rajeev ( rajoo ) (practicing advocate)     02 October 2017

Let me know  delivery receipt number is wrongly mentioned in the EP petition?

Azhagananth (Lawyer)     02 October 2017

If the clerical error or accidental omiission was on court part then it is maintainable under  Section 152 of C.P.C -

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.

 


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