Description

Section 153A of the Code of Civil Procedure (CPC) provides a specific provision that allows for the amendment of a decree or order when an appeal is summarily dismissed by a court. The section essentially aims to rectify the form or substance of the decree or order in situations where the appeal against that decree has been dismissed summarily (without a full hearing on merits).

Key Provisions of Section 153A:

1. Amendment After Summary Dismissal of Appeal:

   • Section 153A grants the court the power to amend a decree or order when an appeal is summarily dismissed. In the case of a summary dismissal, the appellate court does not examine the merits of the case but dismisses the appeal based on procedural grounds or other reasons that do not require a detailed hearing.

2. Purpose of Amendment:

   • The main objective of Section 153A is to correct any inaccuracy or defect in the original decree or order that might have led to an unjust decision or an incorrect record due to a summarily dismissed appeal.
   • This section ensures that the decree or order reflects the correct facts and legal position, especially in cases where a final decision has been made, but some technical issue with the decree or order needs to be addressed.

3. Rectifying Inaccuracies:

   • The amendment is primarily intended to rectify mistakes or defects in the decree or order that were not addressed during the appellate process. These might include clerical mistakes, wrong names, or defective expressions that can be amended to clarify the true intent of the original decision.
   • The section does not allow the court to change the substance of the decree or order. It only permits amendments related to technical aspects and form without altering the core decision.

4. Scope of Amendments:

   • Amendments can be made to ensure the clarity of the judgment or to fix mistakes in the official record that would otherwise lead to confusion or delay in enforcement.
   • It is important to note that this power to amend is limited to correcting minor defects in the judgment or order, and does not allow for a reconsideration of the appeal’s merits or the substantive issues of the case.

5. Procedure for Amendment:

   • The process for seeking an amendment under Section 153A generally involves making an application to the court that issued the original decree or order.
   • The court, after considering the application and verifying the need for a correction, will then pass an order to amend the decree or order.

6. Timing of the Amendment:

   • The amendment can be made at any time after the summary dismissal of the appeal and is not bound by the timelines that might apply to other forms of appeals or revisions.
   • However, the court will typically consider the timing of the appeal and any relevant factors when deciding whether to amend the order or decree.

Punishment

• No Specific Punishment: Like other procedural amendments, Section 153A does not prescribe any specific punishment for failure to make an amendment. Its primary focus is on ensuring correctness in the record and the final order, especially when an appeal is summarily dismissed.
• Impact of Non-Compliance: If the decree or order is not amended where necessary, it could cause ambiguity in the case or lead to injustice in enforcement, particularly if the issues from the summary dismissal are not properly addressed.