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Cites 4 docs
The Indian Penal Code, 1860
The Indian Succession Act, 1925
Section 152 in The Indian Penal Code, 1860
Section 152 in The Indian Succession Act, 1925

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Punjab-Haryana High Court
Badhu Rani Deepinder Kaur vs Amrit Kaur And Another on 25 March, 2010

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Revision No. 6563 of 2009 (O&M) Date of Decision: March 25, 2010

Badhu Rani Deepinder Kaur

...Petitioner

Versus

Amrit Kaur and another.

...Respondent

CORAM: HON'BLE MR. JUSTICE S.D. ANAND. Present: Mr. Arun Palli, Sr. Advocate with Mr. Tarun Johal and

Mr. Jai Bhagwan, Advocates,

for the petitioner.

S.D. Anand, J.

The petitioner herein filed an application for the modification of orders dated 01.10.2002 and 13.11.2003 vide which the learned Trial Court had disposed of the petition under Sections 372/376 of the Indian Succession Act. The Court had, while disposing of the petition, quantified the shares to which the parties thereto were entitled. The petitioner herein filed the impugned plea under Section 152 of the Code of Civil Procedure for the modification of her share in the assets left by deceased Rani Narinder Kaur. C.R. No. 6563 of 2009 2 The learned Trial Court negated the plea by observing that such modification was not allowable and also that the plea could not be entertained as it had been filed beyond the contemplated period of limitation of 30 days. By the very nature of things, the provisions of Section 152 of the Code of Civil Procedure would come into play only if there is a clerical or arithmetical error in an order. The present is a case wherein the learned Court, while disposing of the plea under the Indian Succession Act, quantified the entitlement of each party thereto. If the petitioner herein has a grievance that she has been wronged in the matter of that quantification, she has to come up in revision against the main order. The filing of a plea for modification would not be competent in the facts and circumstances of this case.

The petition shall stand dismissed accordingly. March 25, 2010 ( S.D. Anand ) vkd Judge