FARID KHAN vs HAMID BADSHAH — 2026 SCMR 658 SUPREME-COURT

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FARID KHAN VS HAMID BADSHAH. S.152 & O.XX, R.3---Wrong mentioning of property owner's name in the judgment, grievance of---Clerical mistake in the judgment, correction of---Amendment in judgment---Scope---Brief facts were that the respondents instituted a suit for declaration and partition against the petitioners, which was dismissed by the Trial Court and the Appellate Court, but upon remand by the High Court, the Appellate Court allowed the appeal; in that judgment, the Appellate Court inadvertently mentioned "BK" instead of "AK" as owner of the disputed property, whereupon the error was corrected under Section 152, C.P.C.; the petitioners/defendants' challenge to that correction failed before the Revisional Court and the High Court, leading to the filing of the present petition---The issue requiring determination was whether substitution of the correct name in the judgment was a permissible clerical correction under Section 152, C.P.C. or an impermissible alteration of the judgment---Held: It was not disputed that while recording findings on certain issues, the Appellate Court inadvertently mentioned the name of the father of the party instead of the party himself, despite the pleadings, evidence and rest of the judgment consistently identifying the correct person "AK" as owner of the disputed property---The correction made by the Appellate Court did not introduce any new relief, alter substantive findings, or reopen merits of the case---It merely brought the judgment in conformity with the manifest intention of the Court as discernible from the record as a whole---Such correction squarely fell within the ambit of an "error arising from accidental slip or omission" as contemplated by Section 152, C.P.C.---No illegality, irregularity, jurisdictional defect or misreading of law was found in the impugned judgment of the High Court---Leave was refused and petition was dismissed.

FARID KHAN vs HAMID BADSHAH — 2026 SCMR 658 SUPREME-COURT

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