Executing Court Can’t Go Behind Decree, Aggrieved Party Must Seek Amendment Of Decree In Case Of Discrepancy With Judgment: Patna High Court
Case: Ram Kripal Singh vs Ram Sharan Prasad Singh
Coram: Justice Sunil Dutta Mishra
Case No.: Civil Miscellaneous Jurisdiction No.1309 Of 2018
Court Observation: “In case of discrepancy between the judgment and the decree, the executing Court cannot go behind the decree, and the party aggrieved must seek amendment of the decree. The question of amendment would not arise if the decree was itself the adjudication. Section 152 C.P.C. provides for amendments in judgment confined to clerical or arithmetical mistakes, but if there is mistake of substance, the remedy is by review of judgment.”
As is commonly known, the stream cannot rise aboveits source. The execution of decree is the last leg of the journey that a litigant is put through to obtain desired relief from the Court.
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