Law: Civil Procedure Code (V of 1908)

Section: 152

Law: Land Acquisition Act, 1894

Section: 28-A

(a) Civil Procedure Code (V of 1908)--- ----S.152---Correction of error---Object, scope and purpose---Scope of S.152, C.P.C. is very limited as only clerical or arithmetical mistakes in s decrees or orders, or errors arising therein from any accidental slip or omission, may be corrected by Court either on its own motion or on application by any of the parties---Instead of challenging a , decree or order by availing remedy provided by law within prescribed period of limitation, parties should be allowed at any stage, at their own will and convenience, to invoke S.152, C.P.C. to reopen a matter that had attained finality. Haji Ishtiaq Ahmed and 2 others v. Bakhhaya and 7 others 1976 SCMR 420; Baqar v. Muhammad Rafique and others 2003 SCMR 1401 and Koka Adinarayana Rao Naidu v. Koka Kothandaramayya Naidu and others AIR 1940 Madras 538 rel. (b) Land Acquisition Act (I of 1894)--- ----Ss. 28-A [as omitted by Land Acquisition (Sindh Amendment) Act, 2009 (XVI of 2010)] 34---Civil Procedure Code (V of 1908), S. 152---Law Reforms Ordinance (XII of 1972), S. 3---Intra Court Appeal---Correction of and decree---Error, nature of---Accidental slip and error---Dispute was with regard to exercise of jurisdiction under S.52, C.P.C. for enhancing compensation awarded by Referee Court regarding land acquired---Validity -land owners did not allege that there was any arithmetical mistake in ---Sole ground of respondents-land owners was that due to an ‘accidental slip and error’ in , benefits of Ss.28-A 34 of Land Acquisition Act, 1894, were not extended to them---Non-grant of benefits under Ss.28-A 34 of Land Acquisition Act, 1894, to respondents-land owners in by Judge in Chambers of High Court did not fall within the scope of accidental slip and or omission contemplated in S.152, C.P.C. nor could the same be deemed as such under any circumstances---Scope and or nature of relief once granted in any , decree or order could not be enlarged reduced, reversed, reviewed, changed, modified or altered subsequently by Court under S.152, C.P.C. nor could any such relief be granted by Court under S.152 C.P.C. that was not prayed for---Provisions of S.28-A of Land Acquisition Act, 1894, was…

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