Friday 8 January 2021

Section 152: Amendment of judgments, decrees or orders

Code of Civil Procedure Section 151. Saving of inherent powers of Court.

 

152. Amendment of judgments, decrees or orders.—Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.

Part in red is reproduced as it is from the bare act.

Code of Civil Procedure Section 153. General power to amend.


Alteration of a judgement

Once a judgement is dated and signed by the judge it can only be altered or amended if:

  • The clerical errors i.e. the errors made by clerks; or
  • arithmetical errors i.e. errors made in numbers such as addition, subtraction, multiplication and division; or
  • errors due to accidental slips or omissions, i.e. errors took place when some essential element is left unnoticed etc. occur while drafting the judgment.

These errors in the judgment can be amended as per Section 152 of CPC after review of the said judgment as per Section 114 of CPC.


Further Reading:

Section 2. Definitions.

Section 33. Judgment and decree.

Section 114. Review.

Judgment



Reference: 

1) https://blog.ipleaders.in/judgement-and-decree-under-cpc/


No comments:

Post a Comment