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        Case ID :

        2005 (4) TMI 597 - SC - Indian Laws

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        Section 152 CPC cannot secure substantive land acquisition benefits or disturb a final decree after the award attains finality. Section 152 CPC is confined to correcting clerical or arithmetical mistakes in a judgment or decree and cannot be used to obtain substantive relief or ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Section 152 CPC cannot secure substantive land acquisition benefits or disturb a final decree after the award attains finality.

                            Section 152 CPC is confined to correcting clerical or arithmetical mistakes in a judgment or decree and cannot be used to obtain substantive relief or reopen an order that has attained finality. An application seeking enhanced benefits under Sections 23(2) and 28 of the Land Acquisition Act, 1894 could not, therefore, be maintained through that procedural route after the award had become final. The challenge to the High Court's view failed, and the requested relief was rejected.




                            Issues: Whether an application under Section 152 of the Code of Civil Procedure, 1908 could be used to claim substantive relief under Sections 23(2) and 28 of the Land Acquisition Act, 1894 after the award had attained finality.

                            Analysis: Section 152 of the Code of Civil Procedure, 1908 is confined to correction of clerical errors or arithmetical mistakes in a judgment or decree. It cannot be invoked to obtain a substantive benefit that was not granted in the decree, nor can it be used as a device to reopen or review an order that has already attained finality. The claim for enhanced statutory benefits under the Land Acquisition Act, 1894 was therefore outside the scope of Section 152.

                            Conclusion: The application under Section 152 of the Code of Civil Procedure, 1908 was not maintainable, and the challenge to the High Court's view failed.

                            Final Conclusion: The appeal was rejected because the requested relief could not be pursued through the procedural mechanism invoked.

                            Ratio Decidendi: Section 152 of the Code of Civil Procedure, 1908 is limited to clerical and arithmetical corrections and cannot be employed to secure substantive relief or to disturb the finality of a decree.


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