General power to amend

 

Code of Civil Procedure Section

 

153. General power to amend.— The Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit ; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.

 

Code of Civil Procedure Section

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.

Decree

Judgment

Difference between Judgement and Decree

Reference: 

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

Saving of inherent powers of Court

 

Code of Civil Procedure Section

 

151. Saving of inherent powers of Court.—Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

 

Code of Civil Procedure Section

Transfer of business

 

Code of Civil Procedure Section

 

150. Transfer of business.— Save as otherwise provided, where the business of any Court is transferred to any other Court, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this Code upon the Court from which the business was so transferred.

 

Code of Civil Procedure Section

Power to make up deficiency of court-fees

 

Code of Civil Procedure Section

 

149. Power to make up deficiency of court-fees.—Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees has not been paid, the Court may, in its discretion, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case may be, of such court-fee; and upon such payment the document, in respect of which fee is payable, shall have the same force and effect as if such fee had been paid in the first instance.

 

Code of Civil Procedure Section

148A. Right to lodge a caveat

 

Code of Civil Procedure Section

 

¹[148A. Right to lodge a caveat.—(1) Where an application is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.

(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been, or is expected to be, made, under sub-section (1).

(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.

(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator’s expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.

(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.]

Note: 1. Ins. by Act 104 of 1976, s. 50 (w.e.f. 1-5-1977).

 

Code of Civil Procedure Section

Enlargement of time

 

Code of Civil Procedure Section

 

148. Enlargement of time.—Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period, ¹[not exceeding thirty days in total,] even though the period originally fixed or granted may have expired.

Note: 1. Ins. by Act 46 of 1999, s. 13 (w.e.f. 1-7-2002).

 

Code of Civil Procedure Section