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1 - 10 of 11 (0.19 seconds)The Code of Civil Procedure, 1908
Section 7 in The Court-fees Act, 1870 [Entire Act]
Section 152 in The Code of Civil Procedure, 1908 [Entire Act]
Court Fees in Delhi
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Phipson & Company Ltd. vs Gayco Private Limited on 27 January, 1976
In
support of this, reliance is placed on Phipson & Co. Ltd. vs. Gayco
Private Ltd., AIR 1977 Delhi 88, Lal Khosla vs. Randhir Khosla and
another, 76 (1998) DLT 953 and Ravinder Kumar Rishi vs. Sushma
FAO (OS) No.658/2009 Page 4 of 9
Rishi, 102 (2003) DLT 219. It is contended that the Court after the
disposal of the Suit had become functus officio and thus, could not have
passed such a direction. It is urged that once the suit is disposed of,
the preparation of the decree thereon is a ministerial act and cannot be
interdicted by any direction.
The Court-fees Act, 1870
Ravinder Kumar Rishi vs Sushma Rishi on 23 August, 2002
In
support of this, reliance is placed on Phipson & Co. Ltd. vs. Gayco
Private Ltd., AIR 1977 Delhi 88, Lal Khosla vs. Randhir Khosla and
another, 76 (1998) DLT 953 and Ravinder Kumar Rishi vs. Sushma
FAO (OS) No.658/2009 Page 4 of 9
Rishi, 102 (2003) DLT 219. It is contended that the Court after the
disposal of the Suit had become functus officio and thus, could not have
passed such a direction. It is urged that once the suit is disposed of,
the preparation of the decree thereon is a ministerial act and cannot be
interdicted by any direction.
Dwaraka Das vs State Of Madhya Pradesh And Anr on 10 February, 1999
8. The issue as to whether after disposal of a Suit the Trial Court
either suo motu or on an Application moved can pass effective
directions which are not corrections of clerical or arithmetical mistakes
in the judgments, decrees or orders or errors arising therein from any
accidental slip or omission in terms of Section 152 CPC is no longer res
integra. The Hon‟ble Supreme Court in Dwarka Das vs. State of
Madhya Pradesh, AIR 1999 SC 1031 held: