AIR 2007 PATNA 10 ::2007 (2) AIR Jhar R 241 ::2007 A I H C (NOC) 56 (PAT) ::2006 (3) PatLJR 553

Patna High Court

Hon'ble Judge(s): Syed Md. Mahfooz Alam , J

(A) Civil P.C. (5 of 1908) , S.152, O.20 R.12, O.6 R.17— Amendment of judgments, decrees or orders - Purview - Only clerical or arithmetical mistake or accidental omission can be corrected - Omission of relief of mesne profit - Not such mistake or omission - Cannot be corrected under Section 152 - Under Section 152, plaint cannot be amended which can only be amended under O. 6, R. 17, C.P.C. (Para 11 12 14) (B) Civil P.C. (5 of 1908) , S.152— Amendment in judgment and decree - Time limit - Section 152 does not fix any time limit for incorporating amendment in judgment and decree - Clerical and arithmetical error in judgment and decree can be corrected even during pendency of appeal against judgment and decree. (Para 15) (C) Civil P.C. (5 of 1908) , S.152, S.11 Expln.V— Amendment of judgment and decree - Bar of res judicata - Plaintiff had not claimed relief for grant of @page-Pat11mesne profit in plaint but by way of amendment he tried to add said relief in plaint which could not be done - Consequently, relief with regard to mesne profit was not granted - Hence, principle of res judicata will not apply - Petition for amendme....