Rajasthan High Court - Jaipur
Dwarka Bai, Daughter Of Shri Madho Ji, ... vs Smt Kasturi Bai, Daughter Of Shri Madho ... on 2 May, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 20388/2018
1. Dwarka Bai, Daughter Of Shri Madho Ji, Wife Of Shri
Ratan Lal Ji, Aged About 45 Years, By Caste Dhakad,
Resident Of Village Jakhoda, Tehsil Ladpura, District Kota
(Rajasthan)
2. Jagannath Bai, Daughter Of Shri Madho Ji, Wife Of Shri
Shankar Lal Ji, Aged About 39 Years, By Caste Dhakad,
Resident Of Village Tathed, Tehsil Ladpura, District Kota
(Rajasthan)
3. Smt Nati Bai, Daughter Of Shri Madho Ji, Wife Of Shri
Jagannath Ji, Aged About 35 Years, By Caste Dhakad,
Resident Of Village Bhanda Heda, Tehsil Digod, District
Kota (Rajasthan)
4. Smt Ram Janki Bai, Daughter Of Shri Madho Ji, Wife Of
Shri Laxman Lal Ji, Aged About 33 Years, By Caste
Dhakad, Resident Of Village Tulsa, Tehsil And District
Bundi (Rajasthan)
----Plaintiffs-Petitioners
Versus
1. Smt Kasturi Bai, Daughter Of Shri Madho Ji, By Caste
Dhakad, Resident Of Village Tathed, Tehsil Ladpura,
District Kota
2. Smt Dhanni, Widow Of Shri Gopal Lal Ji, By Caste
Dhakad, Resident Of Village Tulsi, Tehsil Talera, District
Bundi (Died) Through Legal Representatives
2/1. Mangi Lal, Son Of Shri Gopal Lal, By Caste Dhakad,
2/2. Shambhu Lal, Son Of Shri Gopal Lal, By Caste Dhakad,
3. State Of Rajasthan Through Tehsildar, Bundi
----Respondents
For Petitioner(s) : Mr. Ashwani Chobisa, Adv.
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 02/05/2019 (Downloaded on 28/06/2019 at 11:19:31 PM) (2 of 3) [CW-20388/2018]
1. The petitioners by way of this writ petition assail the order dated 02.06.2018 whereby an application moved under 152 CPC praying for correction in the decree in terms of the order 20 Rule 18 CPC was rejected by the trial court. Learned counsel for the petitioners submits that decree passed on the basis of compromise dated 16.11.2000 is in executable in view of the specific provision contained under Order 20 Rule 18 which is reproduced as under:-
"18. Decree in suit for partition of property or separate possession of a share therein Where the Court passes a decree for the partition of property or for the separate possession of a share therein, then,-
(1) if and in so far as the decree relates to an estate assessed to the payment of revenue to the Government, the decree shall declare the rights of the several parties interested in the property, but shall direct such partition or separation to be made by the Collector, or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with such declaration and with the provisions of section 54;
(2) if and in so far as such decree relates to any other immovable property or to movable property, the Court may, if the partition or separation cannot be conveniently made without further inquiry, pass a preliminary decree declaring the rights of the several parties interested in the property and giving such further directions as may be required."(Downloaded on 28/06/2019 at 11:19:31 PM)
(3 of 3) [CW-20388/2018] The directions were required to be issued to the Collector in presence of the compromise decree.
2. In view thereof, the application under Section 152 CPC which allows the trial court to make corrections in the decree ought to have been allowed.
3. I have considered his submissions find that while it is true that under Section 152 the decree can be corrected if it is found to be suffering from an error which may be of clerical or mathematical nature and the ignorance of Order 20 rule 18 may be treated as part of being clerical error, still no relief can be granted to the petitioners as they have moved application under Order 152 CPC after a period of 17 years. Since the decree could be executed within a period of maximum 12 years from the date of passing the same and 17 years have lapsed from the date thereof, the decree is inexecutable otherwise too.
3. Accordingly, no interference is called for in the order dated 02.06.2018. The writ petition is dismissed accordingly.
(SANJEEV PRAKASH SHARMA),J Ramesh Vaishnav /86 92. (Downloaded on 28/06/2019 at 11:19:31 PM) Powered by TCPDF (www.tcpdf.org)