153B. Place of trial to be deemed to be open Court

 

Code of Civil Procedure Section

 

¹[153B. Place of trial to be deemed to be open Court .—The place in which any Civil Court is held for the purpose of trying any suit shall be deemed to be an open Court, to which the public generally may have access so far as the same can conveniently contain them:

Provided that the presiding Judge may, if he thinks fit, order at any stage of any inquiry into or trial of any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.]

Note 1. Ins. by Act 104 of 1976. s. 51 (w.e.f. 1-2-1977).

 

Code of Civil Procedure Section

Power to amend decree or order where appeal is summarily dismissed

 

Code of Civil Procedure Section

 

¹[153A. Power to amend decree or order where appeal is summarily dismissed.—Where an Appellate Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to amend, under section 152, the decree or order appealed against may be exercised by the Court which had passed the decree or order in the first, instance, notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order, as the case may be, passed by the Court of first instance.]

Note 1: 1. Ins. by Act 104 of 1976. s. 51 (w.e.f. 1-2-1977).

 

Code of Civil Procedure Section

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