Application to correct trial court decree confirmed by High Court should be filed before High Court: Supreme Court

The Supreme Court recently observed that once a decree passed by the trial court has merged with the judgment and decree passed by the High Court, any application for correction of decree can then be maintained only before the concerned High Court [B Boriah through Legal Representatives v. MG Thirthaprasad and Others]..A Division Bench of Justices AM Khanwilkar and CT Ravikumar noted that the trial court in the instant case had no jurisdiction to entertain the application for correction of decree passed by the Karnataka High Court in the first appeal and cross objection."The party who had moved such application will be at liberty to move a fresh application before the High Court in the first instance for the same relief in terms of this order," the Bench ruled. .The short question before the Court was, "whether an application for correction of the decree which has been confirmed by the High Court while deciding the appeal filed thereagainst on merits can be corrected/altered by the Trial Court keeping in mind the purport of Section 153A of the Code of Civil Procedure 1908?".Answering the issue in negative, the Court referred to the High Court's order which made it clear that the decree passed by the trial court had merged with the judgment and decree passed by the High Court."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 April 19, 2012," the top Court observed..However, the Court clarified that any application for correction before the trial court can be maintained only if the appeal was to be decided by the High Court under Rule 11 of Order 41 of the Code of Civil Procedure.The appeal in the present case before the Karnataka 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 referred to the appellant's contention of questioning the jurisdiction of the trial court for altering the decree that was later affirmed by the High Court even as its March 14, 2014 order related to dismissal of an application for similar relief in cross objection..While disposing of the plea, the Court observed that:"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 ... 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."The top court granted liberty to the petitioner to move a fresh application before the High Court in the first instance, within four weeks, for the same relief..Senior Advocate V Chitambaresh, advocates Ankit Anandraj Shah and Saurabh Rajpal appeared for the appellant.Senior Advocate SN Bhat, advocates-on-record Anuradha Mutatkar, Lakshmeesh S Kamath and advocate Smriti Ahuja appeared for the respondent..[Read Order]