The Kerala High Court in Chandran Vs. Amruthavally viewed that there is
no reason to restrict the scope of Section 152 of the Code of CPC to ‘
accidental slip or omission’ of the Court and its ministerial staff
alone. In cases where it is clear that the case is one of “ accidental
slip or omission”, it is the duty of the court to correct the decree in
tune with the actual intend of the Court and the parties.
In Shri Ram Mandir Indore v. State of Madhya Pradesh, the appellant had contended before the Supreme Court that the Ram Mandir in question is a private temple established by predecessor Gurus and that the properties had been given to the suit temple as Inam and Ram Das was not a mere pujari but the Mahant of the said temple entitled to manage and administer the temple and the suit properties. The appeal was against the judgment of the Madhya Pradesh High Court which had declared the temple as public and the suit property vested in the Deity; and Ram Das and then Bajrang Das are only pujaris and not Mahant-Manager of the temple. The Supreme Court agreeing with the High Court noted the following points :- 1) In 2013, Madhya Pradesh Government published a Directory containing names of all public temples in District Ujjain updating till 31.12.2012, wherein the said temple has been shown as a public temple and Bajrang Das and Ram Das are only shown to be the pujaris. 2)...
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