Author Topic: Power of court to make correction in judgment  (Read 3730 times)

bpagrawal

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Power of court to make correction in judgment
« on: March 15, 2013, 08:55:36 PM »
Power of court to make correction in judgment

 In 'Drew v. Wills; Ex Party Martin', (1891) 1 QB 450 (A), it was stated by Lord Esher M. H.-
"No Court has such a power of setting aside an order which has been properly made, unless it is given by Statute."
The same view was expressed in 'Hession v. Jones', 1914-2 KB 421 (B), 'Charles Bright & Co., Ltd. v. Seller', 1904-1 KB 6 (C), 'Baij Nath Ram Goenka v. Nand Kumar', ILR 40 Cal 552 (PC) (D), 'Nanak Chand Shadi Ram v. Mahabir', AIR 1935 All 403 (E).
15. This rule is based on the principle of finality of litigation--'Flower v. Lloyd', (1879) 10 Ch D 327 (333) (F).
16. But the rule is subject to certain qualifications.
1. Until a judgment or order has been delivered and signed there is inherent in every Court the power to vary its own orders so as to carry out what was intended and to render the language free from doubt, or even to withdraw the order so that the decision may be recognised--Halsbury's Laws of England (Hailsham Edition) Vol. 19, p. 261; 'Lawrie v. Lees', (1881) 7 AC 19 (35) (G).
2. After the judgment or order has been entered or drawn up or signed, there is power both under Section 152, Civil P. C., and inherent in the Judge who gave or made the judgment or order to correct any clerical mistake or error arising from any accidental slip or omission so as to do substantial justice and give effect to his meaning and intention (1881) 7 AC 19 (G).
http://http://www.lawweb.in/2013/03/power-of-court-to-make-correction-in.html