Description

Section 152 of the Code of Civil Procedure (CPC) deals with the power of a court to amend or correct its judgments, decrees, or orders in certain circumstances. The section allows for corrections of clerical or arithmetical errors and also gives courts the power to amend any part of the judgment or order to reflect the true intention or to correct a mistake.

Key Provisions of Section 152:

1. Power to Amend Clerical or Arithmetical Errors:

   • Section 152 allows the court to correct clerical mistakes or arithmetical errors in its judgments, decrees, or orders at any time. This is done to ensure that the judgment or decree reflects the correct facts and calculations as intended by the court.
   • Clerical errors could include mistakes such as typographical errors, wrong spelling of names, or any other minor inaccuracies that do not affect the substance of the case or the legal decisions.
   • Arithmetical errors refer to mathematical mistakes, such as incorrect calculations of amounts, shares, or figures in the judgment or decree.

2. No Need for an Application:

   • The court may correct such errors on its own initiative or in response to an application by a party. In either case, the correction is not a substantive change to the judgment but rather a clarification or rectification of a non-substantive mistake.

3. Nature of the Amendment:

   • Amendments under Section 152 do not alter the substance or merits of the judgment or order. The correction is purely to ensure the accuracy of the formal aspects of the judgment.
   • The amendment can also be made to rectify errors in the names of parties, incorrect dates, or omissions in the judgment or decree that may affect the execution of the judgment but not the overall decision.

4. Correction of Mistakes of Law or Fact:

   • Section 152 does not allow courts to amend judgments or orders based on mistakes of law or mistakes of fact. The provision is strictly limited to clerical or arithmetical mistakes, and does not extend to the substantive content of the judgment.
   • If a party believes that there is a substantive error or misapplication of law in the judgment or order, they would need to follow the appropriate legal remedies such as appealing the decision or filing a review.

5. Timing of Amendment:

   • Amendments can be made at any time after the judgment, decree, or order has been passed, even if the case is under appeal. This provides a means to ensure that the record remains accurate, regardless of whether the matter is still being litigated in a higher court.
   • However, the courts generally prefer that the correction is made soon after the judgment to avoid unnecessary confusion or delay in the proceedings.

6. Procedure for Amendment:

   • If an amendment is necessary, the court can pass an order amending the judgment or decree and may make the changes by adding, altering, or substituting parts of the original judgment or order.
   • If a mistake is found after the judgment has been executed, the amendment can still be made to adjust the execution process or correct records.

7. Effect of Amendment:

   • Once the court amends the judgment, decree, or order, it becomes the corrected version that reflects the true intent of the court. This does not affect the overall legal effect of the judgment, but it ensures that the official record is accurate and that there is no confusion or misunderstanding about the court's decision.

Punishment

No Punishment: Section 152 does not provide any specific punishment or penalty. It is a procedural provision meant to correct clerical or arithmetical errors in the judgment or decree.

If the error is not corrected, there may be confusion or injustice in the enforcement of the decree, but this section simply facilitates corrections to avoid such issues.