Vinod Kumar Verma vs Pardeep Kumar Abrol

CR-5063-2026 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
163 CR-5063-2026 (O&M)
Date of decision: 02.09.2026
Vinod Kumar Verma
....Petitioner
Vs.
Pardeep Kumar Abrol
....Respondent
CORAM : HON’BLE MR. JUSTICE HARSH BUNGER
Present: Mr. Ritender Rathee, Advocate
for the petitioner.
*
HARSH BUNGER J.
Prayer in the present civil revision petition is for setting aside
the order dated 16.04.2026 (Annexure P-8) passed by learned Civil Judge
(Junior Division), Gurugram, whereby the application (Annexure P-4) under
Order 6 Rule 17 read with Section 151 of CPC filed by the petitioner
seeking amendment of plaint and another application (Annexure P-4) under
Section 152 read with Section 151 CPC seeking amendment in the
judgment/award dated 16.01.2018 (Annexure P-3) has been dismissed.
2. Briefly, the present petitioner (Vinod Kumar Verma) filed a suit
for declaration against the respondent/defendant, wherein an admitted
written statement was filed by respondent/defendant (Pardeep Kumar Abrol).
The matter was put up before the Daily Lok Adalat where both the parties
appeared in person and made statement that the suit be decreed in terms of
ANKIT
2026.09.03 16:11
I attest to the accuracy and
integrity of this document
High Court, Chandigarh

CR-5063-2026 (O&M) -2-
compromise (Ex. C-1), accordingly, the learned Civil Judge (Junior
Division), Gurugram, passed the award dated 16.01.2018 (Annexure P-3) .
2.1 The aforesaid award (Annexure P-3) was passed subject to the
provisions of Registration Act. It appears that after a gap of 6 years,
petitioner filed two applications i.e. one seeking amendment of plaint and
another seeking modification of the abovesaid award dated 16.01.2018
(Annexure P-3), which have been dismissed vide common order dated
16.04.2026 (Annexure P-8)
3. In the aforementioned circumstances, present civil revision
petition has been filed before this Court.
4. The only argument raised by learned counsel for the petitioner
is that the Court can allow amendment in the plaint even after final decree is
passed, if no prejudice is caused to the parties. In this regard, reliance is
placed on judgment rendered by the Hon’ble Supreme Court of India in the
case of “Peethani Suryanarayana and another Vs. Repaka Venkata
Ramana Kishore and others”, 2009 (2) R.C.R. (Civil) 521 .
5. I have heard the learned counsel for the petitioner and perused
the paperbook with his able assistance.
6. At the outset it is required to be mentioned that there is no
dispute in respect of the proposition laid down by Hon’ble Supreme Court of
India in case of Peethani Suryanarayana (supra); however with all due
respect, the said judgment would not be attracted to the peculiar facts and
circumstances of this case. In case of Peethani Suryanarayana (supra) , the
only amendment sought in the plaint was in respect of town survey number,
which was wrongly typed as Town Survey No.462 instead of Town Survey
ANKIT
2026.09.03 16:11
I attest to the accuracy and
integrity of this document
High Court, Chandigarh

CR-5063-2026 (O&M) -3-
No.463. It was conceded case of parties therein that the joint family property
was comprised in Town Survey No.463 and not in Town Survey No.462.
Further, the identity of the suit land had not changed in the said case.
7. In the present case, the present petitioner had filed the suit for
declaration wherein he sought following relief:-
“It is therefore, prayed that a decree for declaration may
kindly be passed to the effect that the plaintiff is owner in
possession of Khewat No.132/112, Khatoni No. 133, Rect.
No.46, Killa No.15 (7-17), 16 (6-16), 17/1 (3-2), Rect. No.56,
Killa No. 11/2 Min (1-3), 12/1 (4-19), 18/2 (1-0), 21/2/2 (6-16),
21/3 (4-2), 22/2 (7-18), 23/1 (4-0), Rect. No.60, Killa No.24/1/2
(1-7), Rect. No.61, Killa No.1/1/2 (0-10), 1/2 (2-2), 2/1 (3-7),
3/1 (2-2) fields 16 measuring 57 Kanal 19 Marla part to the
extent of 311/1059 share which comes to 17 Kanal 2
Sarsai situated within the revenue estate of Village Gwalior,
Tehsil Manesar, District Gurugram and the suit may kindly be
decreed accordingly.”
7.1 In paragraph Nos.1 and 2 of the plaint, the petitioner has
averred as under:
“1. That the plaintiff is the cousin brother of defendant and
the plaintiff is residing at the address mentioned above in the
title of the plaint.
2. That the defendant is recorded owner of land bearing
Khewat No.132/112, Khatoni No. 133, Rect. No.46, Killa No.15
(7-17), 16 (6-16), 17/1 (3-2), Rect. No.56, Killa No.11/2 Min
(1-3), 12/1 (4-19), 18/2 (1-0), 21/2/2 (6-16) 21/3 (4-2), 22/2 (7-
18), 23/1 (4-0), Rect. No.60, Killa No.24/1/2 (1-7), Rect. No.61,
Killa No.1/1/2 (0-10), 1/2 (2-2), 2/1 (3-7), 3/1 (2-2) fields 16
measuring 57 Kanal 19 Marla part to the extent of 311/1059
share which comes to 17 Kanal 2 Sarsai situated within the
ANKIT
2026.09.03 16:11
I attest to the accuracy and
integrity of this document
High Court, Chandigarh

CR-5063-2026 (O&M) -4-
revenue estate of Village Gwalior, Tehsil Manesar, District
Gurugram, Haryana by virtue of jamabandi of year 2014-15.
The said property was being purchased by the plaintiff and
defendant and the consideration had paid by the plaintiff
thereof.”
7.2 A perusal of the above-extracted paragraph Nos.1 and 2 would
show that the petitioner/plaintiff has not given any details as regards the date
of purchase of land in question by him and defendant. There is also no
reference to any sale deed and/or the sale consideration allegedly paid by the
petitioner/plaintiff. Even the mode and manner of payment of alleged
consideration is also not forthcoming in this suit. The petitioner/plaintiff has
simply stated that cousin brother of defendant (Pardeep Kumar Abrol) is
recorded as owner of the suit land. It is further noticeable that the description
of the suit property has been given as per the Jamabandi for the year
2014-15.
8. In the said suit the respondent/defendant filed an admitted
written statement.
9. Later, the matter was put up before the Daily Lok Adalat, where
both the parties appeared and produced a copy of the compromise (Annexure
P-2), the relevant extract of which reads as under:-
“Most respectfully submits as under: -
1. That in the above noted matter all the parties i.e plaintiff
and defendant both have arrived at mutual settlement. As
per the settlement arrived between the parties, the
defendants have agreed to transfer the suit property
comprising in Khewat No. 132/112, Khatoni No.133,
Rect. No.46, Killa No. 15 (7-17), 16 (6-16), 17/1 (3-2),
Rect. No.56, Killa No. 11/2 Min (1-3), 12/1 (4-19), 18/2
ANKIT
2026.09.03 16:11
I attest to the accuracy and
integrity of this document
High Court, Chandigarh

CR-5063-2026 (O&M) -5-
(1-0), 21/2/2 (6-16), 21/3 (4-2), 22/2 (7-18), 23/1 (4-0),
Rect. No.60, Killa No.24/1/2 (1-7), Rect. No.61, Killa
No.1/1/2 (0-10), 1/2 (2-2), 2/1 (3-7), 3/1 (2-2) fields 16
measuring 57 Kanal 19 Marla part to the extent of
311/1059 share which comes to 17 Kanal 2 Sarsai
situated within the revenue estate of Village Gwalior,
Tehsil Manesar, District Gurugram in the name of
plaintiff.
2. That it is further settled that the plaintiff Vinod Kumar
Verma shall be entitled to get the same incorporated and
mutated in his name in the revenue records of concerned
authorities and defendant shall co-operate each other
and now onwards the plaintiff shall be owner in
possession of the suit property and defendant is
relinquishing his share in the suit property voluntarily,
without any fear, undue pressure, coercion, undue
influence and on his sweet will.
3. That the parties and their legal heirs or representatives
to the suit undertake to abide by the above said
compromise.”
10. Considering the stand of the parties and also the compromise
(Annexure P-2), the learned Civil Judge (Junior Division), Gurugram,
passed an award dated 16.01.2018 (Annexure P-3) , the relevant extract of
which reads as under:-
“4. Heard. In view of admitted written statement of the
defendant, statements of the parties to the suit, compromise
Ex.C1, the award is hereby passed and claim of the plaintiff is
allowed, as prayed for, subject to the provisions of the
Registration Act . However, this transfer shall not defeat right
of the prior mortgagee, if any, over the suit property. The
charge, if any, shall move with the suit property. This award
ANKIT
2026.09.03 16:11
I attest to the accuracy and
integrity of this document
High Court, Chandigarh

CR-5063-2026 (O&M) -6-
shall be binding only on the parties to the suit and shall not
effect the right of any third person. Both the plaint and the
compromise (Ex.C1) shall form part of this award. File be
consigned to the record room after due compliance.”
10.1 It is explicit from para No.4 of the award dated 16.01.2018
(Annexure P-3) that the same shall be subject to the provisions of the
Registration Act.
10.2 Learned counsel appearing for the petitioner/plaintiff is unable
to disclose as to whether the aforesaid award dated 16.01.2018 (Annexure
P-3) was got registered or not.
11. Be that as it may, after about 6 years, petitioner filed
applications, for amendment of plaint as well as for modification of the
abovesaid award dated 16.01.2018 (Annexure P-3).
11.1 By virtue of application seeking amendment of plaint
(Annexure P-4), the petitioner/plaintiff seeks to add two more properties into
the plaint and vide application (Annexure P-5), petitioner is seeking
modification of the award (Annexure P-3), by adding two more properties;
the details of which are as under:-
“i. Land comprising in Khewat No.320/252, Khatoni
No.323, Rect. No.56, Killa No.12/2/1 (2-0), owned and
possession by the plaintiff to the extent of 311/1059th
share situated within the revenue estate of Village
Gwalior, Tehsil Manesar, District Gurugram, Haryana by
virtue of jamabandi for the year 2014-15;
ii. Land comprising in Khewat No.322/254, Khatoni
No.325, Rect. No.56, Killa No.26 (0-9), owned and
possession by the plaintiff to the extent of 2/15th share
situated within the revenue estate of Village Gwalior,
ANKIT
2026.09.03 16:11
I attest to the accuracy and
integrity of this document
High Court, Chandigarh

CR-5063-2026 (O&M) -7-
Tehsil Manesar, District Gurugram, Haryana by virtue of
jamabandi for the year 2014-15;”
11.2 In the another application (Annexure P-5) seeking amendment
of award dated 16.01.2018 (Annexure P-3), the following averments have
been made in paragraph No.5:-
“5. That, about a week, when applicants/plaintiffs
approached the Halqa Patwari to handover/give them the copy
of mutation, sanctioned on the basis of judgment dated
16.01.2018, on which the applicants/plaintiffs stood shocked
and astonished that in the mutation sanctioned on the basis of
judgment dated 16.01.2018, the mutation in respect of land out
of the aforesaid property was left to be mentioned and the
details of the land, left inadvertently, is as under: -
i. Land comprising in Khewat No.320/252, Khatoni
No.323, Rect. No.56, Killa No.12/2/1 (2-0), owned
and possession by the plaintiff to the extent of
311/1059th share situated within the revenue estate of
Village Gwalior, Tehsil Manesar, District
Gurugram,Haryana by virtue of jamabandi for the
year 2014-15;
ii. Land comprising in Khewat No.322/254, Khatoni
No.325, Rect. No.56, Killa No.26 (0-9), owned and
possession by the plaintiff to the extent of 2/15th share
situated within the revenue estate of Village Gwalior,
Tehsil Manesar, District Gurugram, Haryana by
virtue of jamabandi for the year 2014-15;
6. That, now the applicant/plaintiff is facing problems in
getting the same incorporated in the revenue records. The
above mentioned error inadvertently due to typographical error
and the same is adversely affecting the applicant /plaintiff,
while getting the said land, mentioned in para No.5(i) & (ii) of
this application, incorporated in his name.
7. The above mentioned error is clerical/typographical one
and can be rectified without bringing any amendment or
changes in the original order dated 16.01.2018”
ANKIT
2026.09.03 16:11
I attest to the accuracy and
integrity of this document
High Court, Chandigarh

CR-5063-2026 (O&M) -8-
11.3 From a perusal of the above-extracted paragraph Nos.5 to 7 of
the application (Annexure P-5), it is apparent that on the basis of the award
dated 16.01.2018 (Annexure P-3), even a mutation stands sanctioned.
12. Before this Court, the petitioner has not placed on record either
the copy of the mutation which stands sanctioned on the basis of the award
dated 16.01.2018 (Annexure P-3) and/or the subsequent Jamabandies for the
year 2019-20 and 2024-25. From the perusal of the vernacular copy of the
Jamabandi (Annexure P-9) in respect of the land parcels which are sought to
be incorporated in the plaint and consequently in the impugned award, it is
apparent that the land is shown under joint ownership of one M/s Tropicals
Parks Limited as well as other persons; who are concededly not the parties
to the suit.
12.1 It is also interesting to notice that along with the present
petition, the petitioner has also attached the copy of the compromise
(Annexure P-7), wherein also the two parcels of land, which are sought to be
included in the plaint as well as in the award, have been added, however, the
date of this amended compromise is not forthcoming.
13. Both the aforesaid applications i.e. (i) application
(Annexure P-4) seeking amendment of plaint; as well as (ii) application
(Annexure P-5) seeking amendment of award dated 16.01.2018; have been
considered and dismissed by the learned Court below vide order dated
16.04.2026 (Annexure P-8), the relevant extract of which reads as under:-
“8. I have heard both the parties, and have perused the case
file carefully. Section 152 of the Code of Civil Procedure
embodies the principle that courts must have the inherent
ANKIT
2026.09.03 16:11
I attest to the accuracy and
integrity of this document
High Court, Chandigarh

CR-5063-2026 (O&M) -9-
ability to correct accidental slips and clerical or arithmetical
mistakes in judgments, decrees, or orders so that the record
faithfully reflects the true intention of the court. It is settled law
that the power under Section 152 is wide, remedial, and should
be exercised liberally to advance justice and avoid multiplicity
of proceedings. The court is not constrained merely to correct
its own errors but may also rectify mistakes originating in
pleadings that have inadvertently been carried into the decree,
without requiring prior amendment of pleadings, provided the
correction does not alter the substantive rights or the nature of
the decree.
9. However, for the purposes of Section 152 CPC, the error
sought to be rectified must be clerical or typographical in
nature. The plaintiff cannot seek to add, by way of amendment,
a portion of the land which was not originally intended by the
court, as the power under Section 152 CPC is confined to
rectifying accidental, clerical, or typographical errors so as to
give effect to the true intent of the judgment and decree, and
cannot be invoked to introduce a new subject matter, enlarge
the scope of the suit, or alter substantive rights already
adjudicated.
10. In the case of Dwaraka Dass v. State of Madhya Pradesh,
1999 INSC 53, it was held that:
"Section 152 Civil Procedure Code provides for
correction of clerical or arithmetical mistakes in judgments,
decrees or orders or errors arising therein from any accidental
slip or omission. The exercise of this power contemplates the
correction of mistakes by the Court of its ministerial actions
and does not contemplate of passing effective judicial orders
after the judgment, decree or order. The settled position of law
is that after the passing of the judgment, decree or order, court
or the tribunal becomes functus officio and thus being not
entitled to vary the terms of the judgments, decrees and orders
earlier passed. The corrections contemplated are of correcting
only accidental omission or mistakes and not all omissions and
mistakes which might have been committed by the Court while
ANKIT
2026.09.03 16:11
I attest to the accuracy and
integrity of this document
High Court, Chandigarh

CR-5063-2026 (O&M) -10-
passing the judgment, decree or order. The omission sought to
be corrected which goes to the merits of the case is beyond the
scope of Section 152 for which the proper remedy for the
aggrieved party is to file appeal or review application. It
implies that the Section cannot be pressed into service to
correct an omission which is intentional, how erroneous that
may be."
11. In the present case, the plaintiff has stated that the
portion of the land was left out inadvertently. He has stated that
in the original plaint, the measurement of the land was stated to
be 17 kanal and 2 sarsai, which is possible only if the left out
portion of the land is read into the description of the property
mentioned in the plaint. However, a perusal of the Jamabandi
annexed with the original plaint [Ex. P1] reveals that the
portion of the land sought to be added in the description of the
suit property does not find mention therein. In fact, the
plaintiff/applicant has adduced another Jamabandi for the year
2014-15 in order to substantiate his claim, which shows that the
portion of the property left out of the pleadings was also left out
from the evidence in the case. In such a circumstance, it cannot
be said that it is merely a clerical/typographical error. Where
the portion of the land sought to be added in the description of
the property does not find mention in the plaint; in the
compromise entered into between the parties; in the evidence
adduced by the plaintiff; and consequently, in the judgement
and decree passed by the court, this court is of the opinion that
the error is not merely typographical/clerical in nature. This
court does not have the power to amend the decree on merits or
to add a portion of the land which was not originally intended
to be added in the suit/decree.
12. In view of the above discussion, this court does not deem
it fit to allow the amendment in the plaint and the consequential
amendment in the judgment and decree dated 16.01.2018, as
the same is out of the scope of section 152 CPC. Therefore, the
ANKIT
2026.09.03 16:11
I attest to the accuracy and
integrity of this document
High Court, Chandigarh

CR-5063-2026 (O&M) -11-
applications filed by the plaintiff under Order VI Rule 17 r/w
section 151 of CPC, for amendment in the plaint and
application under section 151, 152 CPC seeking amendment in
plaint and consequential amendment in judgment and decree
dated 16.01.2018 stands dismissed.”
14. From a perusal of the aforementioned facts and circumstances,
it is evident that in the initial suit filed by the petitioner/plaintiff, there are no
details as regards the sale deed on the basis of which the
respondent/defendant acquired title in the suit property, nor the details of the
sale consideration allegedly paid by the present petitioner/plaintiff are
forthcoming. The suit appears to be a ploy to transfer property from the
name of the respondent/defendant to the name of the petitioner/plaintiff
without disclosing the basis for such transfer, except the plea that the sale
consideration was paid by the petitioner/plaintiff.
14.1 That apart, in the original suit, the transfer has been sought only
in respect of land comprised in Khewat No.132/112 ( as per jamabandi for
the year 2014-15) of village Gwalior, Tehsil Manesar, District Gurugram.
The suit has been decreed on the basis of compromise executed between the
petitioner/plaintiff and respondent/defendant, which also refers only to the
property comprised in khewat No.132/112. The award dated 16.01.2018
(Annexure P-3) was passed by the Daily Lok Adalat, which also only refers
to the land comprised in khewat No.132/112. Evidently, the award dated
16.01.2018 (Annexure P-3) was made subject to the provisions of the
Registration Act, mainly on account of the fact the petitioner/plaintiff had
not disclosed any pre-existing right in the suit property.
ANKIT
2026.09.03 16:11
I attest to the accuracy and
integrity of this document
High Court, Chandigarh

CR-5063-2026 (O&M) -12-
15. As per the petitioner’s own pleading in its application seeking
amendment of award, the award dated 16.01.2018 (Annexure P-3) already
stands mutated in the revenue record, although the copy of the mutation has
not been placed on record before this Court. Similarly, the copy of
Jamabandi for the year 2019-20 and 2024-25 have not been shown to the
Court for the reasons best known to the petitioner. Learned counsel for
petitioner also could not state as to whether any transaction (sale/transfer,
exchange etc.) qua the lands comprised in two khewats i.e. khewat
No.320/252 and khewat No. 322/254 have been executed after preparation of
Jamabandi for the year 2014-15.
16. Evidently, the petitioner is seeking to incorporate two more
parcels of the land (comprised in two separate khewats i.e. 320/252 and
322/254) in the original plaint as well as in the original award dated
16.01.2018 (Annexure P-3) and that too after a gap of more than six years
from the date of passing of the award dated 16.01.2018 (Annexure P-3) and
on basis of Jamabandi for the year 2014-15, although the current Jamabandi
(as on date) would be 2024-25.
17. In the attending circumstances, the amendment in the plaint as
well as in the impugned award dated 16.01.2018 (Annexure P-3), cannot be
labelled as merely rectifying accidental, clerical or a typographical
mistake/error.
17.1 Prima facie, the transaction between the petitioner/plaintiff and
the respondent/defendant does not appear to be bona fide. On the contrary,
the respondent/defendant can execute a registered transfer deed/sale deed so
ANKIT
2026.09.03 16:11
I attest to the accuracy and
integrity of this document
High Court, Chandigarh

CR-5063-2026 (O&M) -13-
as to convey title to the petitioner/plaintiff after paying requisite stamp duty
to the State Exchequer and necessary registration charges.
18. Considering the totality of circumstances, I am of the
considered view that the learned Trial Court was justified in passing the
order dated 16.04.2026 (Annexure P-8), whereby the application seeking
amendment of plaint as well as application seeking amendment of award
dated 16.01.2018, were dismissed.
19. Resultantly, the present civil revision petition fails and the same
is accordingly, dismissed .
20. All the pending application(s), if any, shall also stand closed.
(HARSH BUNGER)
02.09.2026 JUDGE
Ankit
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
ANKIT
2026.09.03 16:11
I attest to the accuracy and
integrity of this document
High Court, Chandigarh