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Prem Kumar . vs Prakash Chand Sharma @ Mitter Dev . on 18 May, 2018

Bench: Adarsh Kumar Goel, Indu Malhotra

                                                     1

     ITEM NO.2                              COURT NO.10                 SECTION XIV

                                   S U P R E M E C O U R T O F      I N D I A
                                           RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                   No(s).   836/2016

     (Arising out of impugned final judgment and order dated 03-08-2015
     in CMPMO No. 7/2015 passed by the High Court Of Himachal Pradesh At
     Shimla)

     PREM KUMAR & ORS.                                                 Petitioner(s)

                                                    VERSUS

     PRAKASH CHAND SHARMA @ MITTER DEV. & ORS.                          Respondent(s)

     Date : 18-05-2018 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
                             HON'BLE MS. JUSTICE INDU MALHOTRA

     For Petitioner(s)                 Mr. Suryanarayan Singh,Adv.
                                       Ms. Pragati Neekhra, AOR
                                       Mr. Kaveri Vats,Adv.

     For Respondent(s)                 Mr. Aditya Dhawan,Adv.
                                       Ms. Kiran Dhawan,Adv.
                                       Mr. Chander Shekhar Ashri, AOR

                         UPON hearing the counsel the Court made the following
                                                O R D E R

We have heard learned counsel for the parties and perused the record.

We do not find any ground to interfere with the direction of the High Court for entertaining application under Section 152 of the Code of Civil Procedure for correcting the particulars in the decree.

Digitally signed by MAHABIR SINGH Date: 2018.05.19

Learned counsel for the petitioners has drawn our attention to 10:40:21 IST Reason: order of the High Court dated 27th May, 2004 in R.S.A. NO.25 of 2004 and submitted that his appeal was not entertained on account of  2 defect that the decree was not specific and if the decree is made specific the remedy of the petitioners should be restored. We find merit in the submission. Accordingly, we direct that the petitioners shall be at liberty to move the High Court in case they are aggrieved by specific particulars of a decree by seeking revival of R.S.A. NO.25 of 2004. The High Court may in that situation not feel bound by the earlier order and consider the application on its own merits.

The special leave petition is accordingly disposed of. Pending applications, if any, shall also stand disposed of.

(MAHABIR SINGH)                           (PARVEEN KUMARI PASRICHA)
 COURT MASTER                                  BRANCH OFFICER