The question (12 marks)
A preliminary decree for partition declares the plaintiff entitled to a one-half share in paragraph 21 of the judgment, but the decree as drawn up gives her a one-third share, the survey number of the property is transposed in the cause title, and the area in the schedule is wrongly typed. In a separate finding the judge has held that no document proves a payment, although the receipt was exhibited and the defendant admitted his signature on it in cross-examination. Advise the plaintiff on the remedies open to her for each defect, and state what each application must contain. (12 marks)
MU Module III, correction and review; pack ch. 03 sections 5.1 and 7.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Appeals, Revisions, Reviews, Corrections and Consumer Appeals of Drafting, Pleading and Conveyancing – III.
Authorities you will need
- Sections 114, 152 and 153, Code of Civil Procedure 1908
- Order XX rules 3, 6 and 6A, Code of Civil Procedure 1908
- Order XLVII rules 1, 3 and 4, Code of Civil Procedure 1908
- Article 124, Schedule to the Limitation Act 1963
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.