Law: Civil Procedure Code (V of 1908)

Section: 152

(a) Civil Procedure Code (V of 1908)--- ----S. 152---Applicability of S.152, C.P.C.---Scope---Application for amendment in and decree of Appellate Court upholding of Trial Court---Change in area of suit land, prayer for --Validity---Area of suit land mentioned in plaint remained subject-matter in proceedings of oath offered by plaintiff, which was decreed as a result of taking of oath---Plaintiff had Mentioned area of suit land in plaint, appeals and revisions---Matter involved in suit had already been decided by Trial Court and Appellate Court in two rounds of litigation---Decree of Trial Court had merged into decree of Appellate Court, which had attained finality---Provisions of S.152, C.P.C., were meant to correct inadvertent clerical and arithmetical mistake crept in s, decrees or orders, if a same was floating on surface of record and for discovery of which court had not to go deep into merits of case---Errors pointed out by plaintiff was not an unconscious act or inadvertent mistake or omission---Where order was deliberate and represented intention of court, then same could not be said to be mistaken---Provisions of S.152, C.P.C., would not be of avail to plaintiff---Order of Appellate Court rejecting such application was upheld by High Court in revision. Baqar v. Muhammad Rafique and others 2003 SCMR 1401 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 152---Amendment in and decree of Appellate Court upholding and decree of Trial Court---Scope---Such matter could not be reopened under S.152, C.P.C., otherwise same would amount to exercise of appellate and revisional jurisdiction not provided thereunder. (c) Civil Procedure Code (V of 1908)--- ----S. 152---Amendment in /decree/order---Scope---Where order was deliberate and represented intention of court, then same could not be said to be mistaken. JUDGMENT SYED SAJJAD HASSAN SHAH, J.---Amir Hussain Shah petitioner-defendant No.2 filed the instant petition against the judgment and order dated 29-3-2010 passed by learned District Judge, D.I. Khan whereby the application preferred by the present petitioner under section 152, C.P.C. seeking the amendment of decree sheet dated 13-5-2002 of District Judge,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492