Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.1677 of 2018
CNR No.MHCC010055662018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1677 OF 2018
IN
SUIT NO.3582 OF 2013
Shri Usman Sherkhan Pathan .. Plaintiff.
Versus
Maharashtra State Electricity .. Defendant
Appearance :
Advocate Kulkarni for Plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 16.01.2019
: ORDER :
This Notice of Motion is taken out by plaintiff for correction in
judgment and decree dated 13.02.2018.
2. Counsel for plaintiff submitted that they had filed the suit
against the defendant for recovery of Rs. 3,35,000/, which was
decreed on 13.02.2018. The court had granted Rs. 1,85,860/ to the
plaintiff with interest instead of Rs. 3,35,000/. It was submitted
that the decree was passed on the basis of bills available on record,
which shows the amount deposited by the plaintiff to the defendant. It
was further submitted that the plaintiff ha misplaced some bills. He
was having two photo copies of receipts dated 29.10.2002 for Rs.
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: 2 : Notice of Motion No.1677 of 2018
42,000/ and dated 26.02.2003 for Rs. 18,120/, which comes of Rs.
60,120/. Other amount paid by him was of Rs. 65,000/, is reflected
in electricity bills dated 18.12.2002. According to the plaintiff another
electricity bill dated 26.02.2003, shows the amount of Rs. 53,120/.
The amount of Rs. 2100/ is shown as electric bill and Rs. 51,020 is
shown as the amount payable out of Rs. 3,35,000/. Hence, detailed
refunded amount comes to Rs. 3,35,000/. Plaintiff relied upon photo
copies of receipts and electric bill.
3. Heard argument of plaintiff. Perused the material on record.
4. As per contention of the plaintiff less amount is refunded to
him instead of claim amount. Plaintiff wants excess amount to be
refunded to him i.e. more than decreed amount in the judgment.
While considering the claim of plaintiff the court had taken into
consideration payment of receipts at Exh. 5, which comes to Rs.
1,85,860/. Excess amount claimed by the plaintiff does not find place
in the judgment alongwith receipts of electric bill referred by him in his
present notice of motion.
5. The court has power to amend the judgment and decree as
per section 152 of CPC. This amendment can be done to correct the
clerical or arithmetical mistakes in the judgment, decree and orders.
Any accidental slip or omission can be corrected at any time by the
court. As mentioned the section 152 enables the court to modify the
judgment. The intention behind the powers is subject to limitation. It
does not empowers the court to modify or alter the findings given in the
judgment. It also does not empowers the court to add or substitute the
reason given. Further, it does not empowers the court to enhance or
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: 3 : Notice of Motion No.1677 of 2018
reduce the claim, which is granted by the court by subsequently
considering the new material i.e. produced by party to suit as it is
sought to be done by the plaintiff's case. Such an act is prohibited by
law and cannot be considered at all.
6. Upon considering the scope of section 152 it appears that an
attempt is made by the plaintiff to introduce the new material
after the judgment has been delivered. Plaintiff wants this court to rely
on the documents, which were not before the court when the judgment
was passed. Due to this court cannot consider the document, which
are produced after the delivery of the judgment. The court has given
reasons for its order. The subject of this motion and correction sought
by the plaintiff is beyond the scope of section 152 and thus, it cannot be
considered. Hence, considering this accordingly I pass the following
order.
: ORDER :
Notice of Motion No. 1677 of 2018 is dismissed.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 16.01.2019 Gr. Mumbai
Dictated on : 16.01.2019
Transcribed on : 16.01.2019
Signed on : 16.01.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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: 4 : Notice of Motion No.1677 of 2018
On 18.01.2019 at 11.08 a.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
16.01.2019
JUDGMENT/ORDER signed by P.O. on 16.01.2019
JUDGMENT/ORDER uploaded on 18.01.2019
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