Hi, Filed an application under section  151  of the Code of Civil Procedure for correction of Decree as the Office has not prepare the decree as per  the Judgement. On the basis of the application filed by you the Court may allow your application and make necessary directions to office for modification of the decree. 

File from execution of decree and order of court in execution the court shall give direction to for the cancellation of deed and entery.

Further file for correction of decree as per judgement.

1) you have to make application to court that decree dies not mention that sale deed not be cancelled although it was specifically stated so in its judgment 

2) court would direct necessary changes be made in decree 

Dear Client,

Above aspect of sale deed been null and void cannot be declare by execution court and it`s jurisdiction rest up to execution only. Sale deed can be declared null by civil court only not execution court.

Ex court only examine Objector case and ordered in his favor finding sale deed null and void. To declare it null and void, file civil suit on the basis of finding given by Ex court or also not required.

Dear client,

You have to file a suit for the cancellation of Sale Deed.

you need to go for cancellation of sale deed before the said court.They will issue necessary order for the same.

You can make an application to court sale deed not cancelled yet. Court make direction to concern SRO for cancellation. 

Hi, 

You may file a curative petition for the same in the same court. 

When the sale deed itself has been declared as null and void by the court in its decree, then there arises no question of cancelling such an illegal sale deed

however the records of the illegal sale deed are still available on records of the sub-registrar and the document is still in public domain

therefore in absence of any specific direction in the decree, the sub-registrar has rightly asked you to get a direction from court so that he can remove the illegal deed from his records

you just need to take out an application or a notice of motion in the court which passed the decree [and not before the court executing the decree] requesting to give such a direction

in the above application you can make the sub-registrar a party respondent so that the judge can directly give the necessary directions to the sub-registrar in your application itself 

1. You shall have to file a petition before the same court praying or reviewing the order passed on the earlier day.

2. When the said petition comes up for hearing, your Advocate shall have to mention what has been slipped while typing the earlier order and get an order directing the Registrar to cancel the registration of the said  sale deed.

1. In execution proceedings the court cannot go into the merits of the case. 

2. If the judgment has cancelled the sale deed then it had to be incorporated in the decree also. 

3. An application for amendment of decree has to be filed under 152 CPC.

Jayanta Kumar Rath (since dead) through L.Rs. Vs. Pravas Kumar Rath (since dead) through L.Rs, the Court held  “If clerical or arithmetical mistakes in the judgments, decrees or orders or errors arising therein from the accidental slip or omission has been committed by the court, then the court may correct the same on its own motion or on the application of any of the parties.

2) Santosh Kumar Sahoo vs. Radhanath Sahoo, wherein it was held that a decree can be amended and corrected in exercise of power under Sections 151 and 152 C.P.C. even if a mistake is committed by the parties.

Yes you can file an application to amend the decree under 151 CPC. The sub-registrar is not original respondent/defendant cannot be made party in application.

Yes you can make him the necessary party

1. File the application u/s151 of CPC.

2. The application is in connection with the case already filed by you for which you should not add any other party.

yes

Yes you will have to file an application under 151

Disclose in the petition that you earlier file the petition under a wrong section and hence the same was rejected 

yes you can go ahead and make sub-registrar also a party to the suit 

An application must be presented to the judge where the decree is prepared and it would do the needful.

Regards 

If clerical or arithmetical mistakes in the judgments, decrees or orders or errors arising therein from the accidental slip or omission has been committed by the court, then the court may correct the same on its own motion or on the application of any of the parties. It does not comprehend the correction of any error on the part of any of the litigating parties. The error must be on the part of the court. In an application under Section 152 CPC, the Court cannot ascertain the intention of the parties making the compromise and filing the application.

Therefore if the error was by the court it has to correct it. Kindly share the reasons in the order why it was rejected.

The decree, application and the order passed thereon by the court has to be perused to advise. 

If there was a prayer to cancel the sale deed and if there was a mention in the judgment about it, then you may apply for rectification of the judgment in the same  court, if it is not entertained then you may have to prefer an appeal for this reason alone

The direction to sub-registrar should have been sought in the main suit as a prayer, in the absence of that, the court may not entertain the application. The petition may be filed under section 151 CPC