LI Network
Published on: February 13, 2024 at 11:38 IST
The Madhya Pradesh High Court, in a recent decision by Justice Hirdesh, ruled that corrections to the Khasra Number (a unique identification number for land parcels) can be made in the plaint, judgment, and decrees if there is no dispute about the land’s identity.
The judgment was delivered in response to an S.152 CPC application filed by plaintiffs, allowing the correction based on the inadvertent mention of Khasra Numbers.
The Court, located in Jabalpur, observed that the alleged mistake in mentioning Khasra No.265 instead of Khasra No.165 in the plaint was not contested by the defendants during the trial or the lower appellate court.
Justice Hirdesh noted that when there is no dispute about the land’s identity, corrections to the Khasra number can be made, as established in various decisions.
Section 152 of the Civil Procedure Code (CPC) permits the correction of clerical or arithmetical mistakes arising from accidental slips or omissions in judgments, orders, and decrees.
The High Court set aside the lower appellate court’s decision, instructing necessary amendments in the plaint, judgments, and decrees of both lower courts.
Justice Hirdesh emphasized that the correct Khasra number, i.e., Khasra No.165, was rightly mentioned in exhibits presented as evidence before the lower Courts.
The Court reviewed the documents, confirming no dispute about the land’s identity, and directed the necessary corrections to be made in accordance with the S.152 application.
The case involved a partition suit filed by daughters of Late Mr. Saddu Goud against the son of Late Saddu Goud, seeking separate possession of certain scheduled properties.
The trial Court granted each applicant one-third share in their father’s property in 2017, a decision upheld by the lower appellate court in 2022.
The plaintiffs had submitted that Khasra numbers were inaccurately mentioned in the plaint, and the trial court’s dismissal of the application for correction led to the civil revision petition.
The High Court, citing precedent and rejecting the respondent’s objection under Order II Rule II CPC, allowed the correction under Section 152 CPC.
Case titled Butto Bai & Anr v. Dumri & Ors. (Civil Revision No. 256 of 2023, 2024 LiveLaw MP 30).
