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Bachan Vs. Raghunath and ors.

Bachan vs <a Name="lphit1"></A><span Id="lphit" Style="color: White; Background: None Repeat Scroll 0% 0% Rgb(

Type Court Judgment Court Allahabad Decided Jul 27, 1925
~2 min read
https://sooperkanoon.com/case/476872

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Citation
Court
Allahabad
Judge
Decided On
Subject
Civil

Case Summary

AI-generated summary - not the official court judgment text.

Civil Procedure Code (Act V of 1908), Section 152 - Amendment of decree Appeal filed but not decided--Jurisdiction of Trial Court to amend decree. -

Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

Bachan

Respondent

<a Name="lphit1"></A><span Id="lphit" Style="color: White; Background: None Repeat Scroll 0% 0% Rgb(

Legal References

Cases Referred
Asma Bibi v. Ahmed Husain
Reported In
AIR1926All304; 92Ind.Cas.264

Excerpt

civil procedure code (act v of 1908), section 152 - amendment of decree appeal filed but not decided--jurisdiction of trial court to amend decree. - kanhaiya lal, j.1. this is an application in revision for the discharge of an order for the amendment of a decree passed by the trial court on the 9th may 1925. the trial court observes that there was a mistake in the decree which was not in accordance with the judgment and it has directed that mistake to be rectified. it is argued here that the trial court had ceased to have any jurisdiction to amend this decree or to rectify it after an appeal had been filed from that decree in the court of the district judge. but till the district judge hears the appeal and decides it, the decree of the trial court remains in force and it can be rectified or amended by the court which passed it. it is only when the appeal has been decided and a decree has been passed in appeal confirming, amending reversing it that the appellate decree operates to supersede the decree of the trial court, and it is only then that the jurisdiction of the trial court to interfere with the decree so superseded ceases. it is immaterial what has happened since the order of the trial court of the 9th may 1925 now sought to be revised was passed. the order as passed on that date was correct and the trial court had jurisdiction to pass it. the decision in asma bibi v. ahmed husain (1908) 30 all 290 referred to by the learned counsel for the applicant does not apply because in that case the amendment was made after the appeal was decided. the application is, therefore, rejected. the stay order passed will be withdrawn.

Full Judgment

Kanhaiya Lal, J.

1. This is an application in revision for the discharge of an order for the amendment of a decree passed by the trial Court on the 9th May 1925. The trial Court observes that there was a mistake in the decree which was not in accordance with the judgment and it has directed that mistake to be rectified. It is argued here that the trial Court had ceased to have any jurisdiction to amend this decree or to rectify it after an appeal had been filed from that decree in the Court of the District Judge. But till the District Judge hears the appeal and decides it, the decree of the trial Court remains in force and it can be rectified or amended by the Court which passed it. It is only when the appeal has been decided and a decree has been passed in appeal confirming, amending reversing it that the appellate decree operates to supersede the decree of the trial Court, and it is only then that the jurisdiction of the trial Court to interfere with the decree so superseded ceases. It is immaterial what has happened since the order of the trial Court of the 9th May 1925 now sought to be revised was passed. The order as passed on that date was correct and the trial Court had jurisdiction to pass it. The decision in Asma Bibi v. Ahmed Husain (1908) 30 All 290 referred to by the learned Counsel for the applicant does not apply because in that case the amendment was made after the appeal was decided. The application is, therefore, rejected. The stay order passed will be withdrawn.

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