Court Fees Amendment Guidance
Summary
Section 152 CPC allows for amendments to correct clerical errors in court documents. In your case, emphasize the clerical mistake in excess court fee payment. Cite precedents like State of Punjab vs Darshan Singh (2004) and J.K. Synthetics Ltd. Vs Arora Trading Co. (2009) to support your argument. Highlight that the amendment aims to reflect the courts true intention without altering substantive rights. Consider presenting these points effectively in your civil revision petition.Full Conversation
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You might consider arguing the following points:
- Clerical Mistake: Emphasize that the excess payment was a clerical error and that Section * CPC allows amendments to correct such errors.
- Precedent: Cite case laws where Section * CPC was applied to rectify similar mistakes, such as *State of Punjab vs Darshan Singh (*)* and *J.K. Synthetics Ltd. vs Arora Trading Co. (*)*.
Would you like more details on these cases?
Yes
Here are more details on the case laws:
- State of Punjab vs Darshan Singh (*): The Supreme Court held that Section * CPC can be invoked to correct clerical or arithmetical mistakes in judgments, decrees, or orders arising from any accidental slip or omission.
- J.K. Synthetics Ltd. vs Arora Trading Co. (*): This case reiterated that Section * CPC is applicable for correcting clerical errors or accidental slips in court documents.
Would you like to know more about any specific aspect of these cases?
Yes more in detail
Here are more detailed aspects of the case laws relevant to your situation:
- State of Punjab vs Darshan Singh (*):
- The Supreme Court addressed the scope of Section * CPC, emphasizing that it is meant for correcting clerical or arithmetical mistakes.
- The Court ruled that such corrections should be made to reflect the true intention of the court, without altering the substantive rights of the parties involved.
- J.K. Synthetics Ltd. vs Arora Trading Co. (*):
- This case highlighted that Section * CPC can be used to correct any accidental slip or omission in the judgment, decree, or order.
- The Court allowed the correction of errors that were purely clerical in nature and did not impact the merits of the case.
Would you like more specific information about how to present these arguments effectively in your civil revision petition?
Yes
Case Rating: *.
To effectively present these arguments in your civil revision petition, consider the following points:
- Highlight Clerical Error: Clearly state that the excess payment was a clerical mistake and emphasize the purpose of Section * CPC.
- Cite Precedents: Reference the specific findings from *State of Punjab vs Darshan Singh (*)* and *J.K. Synthetics Ltd. vs Arora Trading Co. (*)* to strengthen your argument.
- Intent of Correction: Argue that the amendment is to reflect the true intention of the court without altering substantive rights.
Would you like guidance on drafting the petition?