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Supreme Court of India 2018-12-14 allowed

Akhil Bhartvarshiya Marwari Agarwal Jatiya Kosh & Ors vs Brijlal Tibrewal & Ors

Bench: 3 — <UNKNOWN>

In Brief

A dispute arose over a High Court's authority to modify a trial court's decree through a procedural device called "Note for speaking to the Minutes." The appellants (original defendants) challenged the High Court's order directing them to execute a deed of conveyance to original plaintiffs. The Supreme Court held that a "Note for speaking to the Minutes" is limited to correcting typographical or clerical errors—it cannot effect substantive changes or expansion of relief. Once an appellate court dismisses a defendant's appeal, it cannot pass orders exceeding the trial court's judgment. The Supreme Court set aside the impugned order as procedurally improper and beyond the High Court's authority.

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