An Act of the Court Shall Prejudice No Man: Calcutta High Court Rectifies Clerical Error in Land Measurement in Partition Decree

In a significant judgment, the Calcutta High Court today corrected a clerical error concerning land measurement in a partition suit under Section 152 of the Code of Civil Procedure (CPC). The error which depicted property size as 0.08 decimal instead of the actual 8 decimals led to a substantial misrepresentation in the trial court's decree.

The original suit, led by Smt. Minati Ghosh, claimed a 2/3rd share of a property but incorrectly listed it as 0.08 decimal in size in the suit schedule. This discrepancy arose despite evidence to the contrary, including a purchase deed and a commissioner's report that verified the property size as approximately 8 decimals.

Justice Ajoy Kumar Mukherjee emphasized that Section 152 CPC is intended to correct "accidental omissions and clerical errors" to ensure that court decrees reflect true intentions and factual accuracy. "An act of the court shall prejudice no man," Justice Mukherjee observed, reinforcing the principle that judicial records must accurately represent the facts to prevent any prejudice.

Detailed scrutiny of the case revealed that the error stemmed not from the claimants but from an oversight in the decree documentation process. The High Court found that the error constituted a clerical mistake, necessitating amendment of the judgment to align it with the factual and legal submissions laid out during the trial.

Decision: The court directed the trial court to amend the decree to state the land measurement as 8 decimals, thereby correcting the previously recorded 0.08 decimal. "This correction is not merely clerical but pivotal in ensuring that justice is served in light of the true dimensions of the property involved," stated Justice Mukherjee.

Date of Decision: April 30, 2024

Smt. Minati Ghosh & Ors. vs. Chameli Mondal & Ors.