Sunday, August 23, 2009

  1. A bare reading of Section 152 CPC makes it clear that the power of the Court under the said provision is limited to rectification of clerical and arithimetical errors arising from any accidental slip or omission. There cannot be re-consideration of the merits of the matter and the sole object of the provision is based on the maxim actus curiae neminem gravabit, i.e., an act of Court shall prejudice no man. In our Judgment, the issue requiring adjudication by the Executing Court did not call for and was clearly the scope of Section 152 CPC.__________CLT Vol.108 (231)

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