Reference to Code of Civil Procedure and other repealed enactments

 

Code of Civil Procedure Section

 

158. Reference to Code of Civil Procedure and other repealed enactments.—In every enactment or notification passed or issued before the commencement of this Code in which reference is made to or to any Chapter or section of Act VIII of 1859 or any Code of Civil Procedure or any Act amending the same or any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding Part, Order, section or rule.

 

Code of Civil Procedure Section

Continuance of orders under repealed enactments

 

Code of Civil Procedure Section

 

157. Continuance of orders under repealed enactments.—Notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made and powers conferred under Act VIII of 1859 or under any Code of Civil Procedure or any Act amending the same or under any other enactment hereby repealed shall, so far as they are consistent with this Code, have the same force and effect as if they had been respectively published, made, appointed, filed, prescribed, framed and conferred under this Code and by the authority empowered thereby in such behalf.

 

Code of Civil Procedure Section

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