AIR 2003 SUPREME COURT 643 ::2002 AIR SCW 5308 ::(2003) 1 WLC(SC)CVL 492 ::(2003) ILR (Kant) (3) 2040 ::(2003) 1 CivilCourtC 259 ::2003 (2) SCC 330 ::2003 (1) RecCivR 316 ::(2002) 9 Scale 133 ::2003 (2) All CJ 1043 ::2003 (1) CurCC 4 ::2003 (1) BLJR 360 ::(2003) 1 Cg LJ 239 ::2003 (1) ICC 792 ::2003 (1) LandLR 688 ::2003 (1) UC 299 ::2002 (8) Supreme 653 ::2002 (7) SLT 125 ::(2002) 8 Supreme 553 ::2003 (2) SRJ 331

Supreme Court Of India

(From : Jharkhand)*

Hon'ble Judge(s): R. C. Lahoti, Brijesh Kumar , JJ

(A) Civil P.C. (5 of 1908) , S.152, S.47, O.7 R.3, O.20 R.3— Decree in suit as to immovable property - Property however, not definitely identified - Defect in Court record caused by overlooking provisions in O. 7, R. 3 and O. 20, R. 3 regarding identification of property - Resort in such case can be had to S. 152 or S. 47 depending on facts of case - Supreme Court after observing that S. 47 should be invoked in instant case accordingly issued directions to executing Court to ascertain exact description of property. Constitution of India , Art.142— When the suit as to immovable property has been decreed and the property is not definitely identified, the defect in the Court record caused by overlooking of provisions contained in O. 7, R. 3 and O. 20, R. 3 of the C.P.C. is capable of being cured. After all a successful plaintiff should not be deprived of the fruits of decree. Resort can be had to S. 152 or S. 47 of the C.P.C. depending on the facts and circumstances of each case which of the two provisions would be more appropriate, just and convenient to invoke. Being an inadvertent error, not affecting the merits of the case, it may be corrected under S. 152 of the C.P.C. by the Court which passed the decree by supplying the omission. Alternatively, the exact description of decretal property may be ascertained by the Executing Court as a questi....