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2001 (2) TMI 980 - SC - Indian LawsWhether the provisions contained under Section 152 C.P.C. may or may not strictly apply to any particular proceeding? Whether on the facts of the present case and the principles it could be said that there was any clerical or arithmetical error or accidental slip on the part of the Court or not? Held that:- Allow the appeal. Looking to the prayers made by the respondent-husband for granting mandatory injunction the application for rectification of decree was totally misconceived and was only liable to be dismissed rather to incorporate terms and conditions of the agreement dated 26.7.1991 in respect of which no prayer was made in the application for modification nor in the original petition for dissolution of marriage more particularly when no accidental slip on the part of the Court was indicated in the application nor the same being substantiated. In view of the discussion allow this appeal and set aside the orders passed by the High Court and family court dated 11.11.1992 allowing the application for rectification/modification of the decree dated 7.3.1992.
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