Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court

The Supreme Court has observed that in cases where the decree passed by the trial court merges with judgment and decree passed by the High Court, then the application for correction of decree can only be maintained before the High Court where the decree was confirmed.

The bench of Justices AM Khanwilkar and CT Ravikumar was considering SLP assailing Karnataka High Court's order dated June 3, 2016.

The issue for consideration was whether an application for correction of the decree which has been confirmed by the High Court while deciding the appeal filed there against on merits can be corrected/altered by the Trial Court keeping in mind the purport of Section 153A of the Code of Civil Procedure.

While allowing the appeal in B. Boraiah Rep. Thr. Lrs. V. M.G. Thirthaprasad & Ors, the bench said,

"In light of the operative order passed by the High Court while disposing of the appeal and cross objection, it leaves no manner of doubt that the decree passed by the Trial Court had merged with the judgment and decree passed by the High Court, referred to above. In such a case, the application for correction could be maintained only before the High Court where the decree has been finally confirmed in terms of decision dated 19.04.2012."

The Court further observed that application before the trial court for correction of such a decree can be maintained if the High Court was to decide an appeal under Rule 11 Order 41 of CPC.

"Whereas, an application before the Trial Court for correction of such a decree could be maintained only if the appeal was to be decided by the High Court under Rule 11, Order 41 of the Code of Civil Procedure. It is not in dispute that the High Court had passed the stated judgment and decree after due consideration of all aspects on merits and not rejection of appeal under Rule 11, Order 41 of the Code of Civil Procedure."

The appeal before the High Court was filed in respect of 'A' schedule property, whereas cross objection was filed in respect of 'C' schedule property. The High Court had although referred to the appellant's contention of questioning the jurisdiction of the trial court for altering the decree which was affirmed by the High Court but referring to order dated March 14, 2014 related to dismissal of application for similar relief had dismissed the cross objection.

"In our opinion, the fact that the High Court vide order dated 14.03.2014 had rejected another application, does not address the legal issue about the jurisdiction of the Trial Court to alter the decree passed by the High Court. That question needs to be answered keeping in mind the final decree passed by the High Court albeit affirming the decree passed by the Trial Court," the Top Court said in regards to the High Court's dismissal of cross objections.

Granting the applicant the liberty to move a fresh application before the High Court in the first instance for the same relief, the bench further added that,

"As a result, we hold that the Trial Court had no jurisdiction to entertain the application for correction of decree passed by the High Court in the first appeal and cross objection. On that count alone, the application filed before the Trial Court for correction of decree in respect of 'B' schedule property to be corrected as 'C' schedule property, is rejected as not maintainable before the Trial Court."

Case Title: B. Boraiah Rep. Thr. Lrs. V. M.G. Thirthaprasad & Ors.| SLP(C) No. 31174 of 2016

Coram: Justices AM Khanwilkar and CT Ravikumar

Citation : 2022 LiveLaw (SC) 160

Counsels For The Appellant: Senior Advocate V. Chitambaresh, Advocates Ankit Anandraj Shah and Saurabh Rajpal

Counsel For Respondent: Senior Advocate S.N. Bhat, Advocate(s) Anuradha Mutatkar, Lakshmeesh S. Kamath and Ms. Smriti Ahuja

Head Notes :

Section 153A CPC - In light of the operative order passed by the High Court while disposing of the appeal and cross objection, it leaves no manner of doubt that the decree passed by the Trial Court had merged with the judgment and decree passed by the High Court, referred to above. In such a case, the application for correction could be maintained only before the High Court where the decree has been finally confirmed in terms of decision dated 19.04.2012

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