CPCJudgmentAllahabad High Court

Mulla v Sohan Lal

AIR 1951 Allahabad 61219511 min read
The case in brief30-second read
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.
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.
Principle
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.
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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

  1. 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.

Exam use

How to use it in an answer

- 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."

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Citation

Mulla v. Sohan Lal AIR 1951 Allahabad 612

Reported: 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.