S. SATNAM SINGH & ORS. versus SURENDER KAUR & ANR.

S. SATNAM SINGH & ORS. versus SURENDER KAUR & ANR.

Where a property has been part of the pleadings but omitted in the decree due to court error, it may be included by amendment in order to do complete justice, and Section 97 CPC does not prohibit rectification of court mistakes by decree amendment, particularly in partition suits.

Parties
Appellant: S. Satnam Singh & Ors.; Respondent: Surender Kaur & Anr.
Jurisdiction
India
Judgment Date
02 December 2008
Procedural Posture
Civil Appeal / Appeal From Final Order of High Court of Andhra Pradesh in Civil Revision Petition No. 2178 of 2006
Outcome
Appeal allowed
Legal Topics
Partition Suit, Amendment of Decree, Rectification of Judicial Mistakes
Civil Procedure Property Law Partition Suit Amendment of Decree Rectification of Judicial Mistakes

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Parties

S. Satnam Singh & Ors.

Appellant

Surender Kaur & Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From Final Order of High Court of Andhra Pradesh in Civil Revision Petition No. 2178 of 2006

Legal Issues

  1. 1 Whether a property can be added after passing of preliminary decree in a partition suit
  2. 2 Permissibility of amendment of decree to rectify omission of property

Ratio Decidendi

Where a property has been part of the pleadings but omitted in the decree due to court error, it may be included by amendment in order to do complete justice, and Section 97 CPC does not prohibit rectification of court mistakes by decree amendment, particularly in partition suits.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court judgment set aside
  • Trial Court's rectification order for inclusion of business property affirmed