Description

Section 153 of the Code of Civil Procedure (CPC) grants the court the general power to amend its proceedings, including its judgments, decrees, or orders, to make them conform to the law or correct mistakes. This power is broader than the correction of clerical or arithmetical errors under Section 152 and allows for changes to be made to the substance or form of the proceedings to ensure that justice is properly served.

Key Provisions of Section 153:

1. General Power to Amend:

   • Section 153 gives the court the authority to amend any process or proceedings before it in a manner that rectifies errors or omissions.
   • Unlike Section 152, which is limited to clerical and arithmetical errors, Section 153 allows the amendment of procedural or formal aspects of the case, even when they are not strictly clerical in nature.
   • For example, the court can amend an incorrect title in the case, a defect in the institution of the suit, or any other procedural issue that does not go to the core of the matter but needs correction for administrative fairness.

2. Amendments to Ensure Justice:

   • The overarching aim of Section 153 is to ensure that justice prevails and that no person is prejudiced due to a technical mistake or procedural defect.
   • The court is empowered to amend its records, orders, or any proceedings when necessary to facilitate a just decision. This could include correcting a party’s name, address, or description, adding parties, or modifying pleadings that do not reflect the true circumstances of the case.

3. Power to Amend Pleadings or Processes:

   • The court can use this provision to amend pleadings, applications, or any part of the process where a technical flaw or defect is found that may obstruct or delay the proper progression of the case.
   • This ensures that parties are not dismissed or disadvantaged due to minor errors in their pleadings or other documents that are necessary for the case.

4. Amendment of Orders or Decrees:

   • In addition to amending procedural documents, Section 153 also allows for amendments in judgments, decrees, or orders that may contain inaccuracies or ambiguities. This provision is meant to correct minor imperfections that do not go to the merits of the case but might create confusion or hinder the enforcement of the decision.
   • For example, a court could amend a decree that incorrectly mentions a party’s liability or the amount of compensation, ensuring that the decision reflects the correct intention.

5. No Substantial Change in Case Outcome:

   • Section 153 allows amendments that do not alter the substance or merit of the case. The provision is designed to correct procedural defects, errors, or mistakes, but it is not intended to reopen the case or allow for a re-examination of the merits of the case.
   • If the amendment affects the substance of the case, then it may not be covered under this section, and a review or appeal would be the appropriate course of action.

6. Discretion of the Court:

   • The court has the discretion to decide when and how amendments should be made. This includes considering whether the amendment would serve the interest of justice and whether it would cause any undue prejudice to any party involved in the case.
   • Amendments can be made at any stage of the proceedings, even after the case has been decided or during the execution of the decree, if needed.

7. Procedure for Amendment:

   • Amendments are typically made through an order of the court, and the party requesting the amendment would need to make an application to the court.
   • The court may either approve the amendment or reject it after considering the reason for the amendment and any possible impact on the parties involved.

Punishment

No Specific Punishment: Section 153 does not prescribe any specific punishment or penalty for parties or courts. It is intended to correct procedural defects and ensure proper justice.

Consequences of Delay: If amendments are delayed or improperly made, it could cause confusion, delays in the case, or injustice to the parties. Courts are expected to use this power carefully and judiciously.