Mulla v. Sohan Lal
Rule established
Once a judgment is signed, it cannot be varied or altered except to correct a clerical or arithmetical mistake under the slip rule (Order XX Rule 3). The judge cannot recall and substantively alter a signed judgment.
Facts
- A judgment was signed and delivered by the judge
- Subsequently, the judge noticed what appeared to be an error in the judgment
- The judge attempted to recall and alter the judgment substantively
- The affected party challenged this alteration
Issue
- Whether a judge can recall and substantively alter a judgment after it has been signed.
Held
- Once a judgment is signed, it is final and beyond the judge's power to alter
- The only permitted correction is under Order XX Rule 3 (slip rule): clerical or arithmetical mistakes
- Substantive alteration is not permissible regardless of whether an error exists
- The remedy for substantive errors lies in appeal, not in recall
- This rule ensures certainty and finality of judicial decisions
Ratio Decidendi
A signed judgment is final. Only clerical/arithmetical corrections permitted under O.XX R.3. Substantive errors must be corrected via appeal, not by the judge recalling the judgment.
How to use it in an exam
- Key line: "In Mulla v. Sohan Lal (1951), the court held that once a judgment is signed, it cannot be substantively altered. Only O.XX R.3 slip rule corrections (clerical/arithmetical) are permitted."
Source
Source: AIR 1951 All 612; verified via standard CPC references
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.