Court Directs Trial Court to Align Final Decree with Judgment Findings under Section 152 CPC
In a pivotal ruling on January 14, 2026, the Madhya Pradesh High Court addressed a significant oversight by a trial court regarding a land encroachment case involving Mahendra Prasad Tiwari and Smt. Chinti Yadav. The High Court directed the trial court to rectify a decree that failed to incorporate the judgment's explicit findings, emphasizing the importance of aligning decrees with judicial determinations.
The case revolved around a suit filed by Mahendra Prasad Tiwari seeking declaration of title, recovery of possession, and a permanent injunction related to a piece of land under Survey No. 615/2. The trial court initially concluded that the defendants had encroached on Tiwari's land and that he was entitled to recover possession. However, when drafting the decree, the trial court omitted the recovery of possession directive, instead issuing only a permanent injunction.
This discrepancy prompted Tiwari to file an objection under Section 152 of the Civil Procedure Code (CPC), which allows for amendment of decrees to correct errors. The trial court dismissed the objection, leading to the current revision petition before the High Court.
Presiding Judge Shri Vivek Jain emphasized that the trial court should have corrected the error before finalizing the decree. The High Court underscored that even if the application was incorrectly captioned, the trial court had a duty to amend the decree to reflect the judgment's findings accurately. The High Court ruled that objections under Section 152 CPC are maintainable in such circumstances, especially when the decree has been signed erroneously.
The High Court has now directed the trial court to pass specific orders under Section 152 CPC within 30 days, ensuring the decree aligns with the judgment. This ruling highlights the judiciary's commitment to ensuring procedural accuracy and justice.
Bottom Line:
Trial Court must ensure that a decree aligns with the judgment and correct any errors before the decree is finalized and signed.
Statutory provision(s): Civil Procedure Code, 1908 Section 152
