Execution petitions can be amended under the CPC when necessary for justice, as per Sections 141, 151, and 153, allowing correction of inadvertent errors without causing prejudice.

JUDGMENT :

SUDEEPTI SHARMA, J.

1. The present revision petition has been filed for setting aside impugned order dated 21.08.2025 passed by learned Civil Judge (Junior Division), Barnala in execution application vide which the Court has allowed three applications moved by respondent.

2. Learned counsel for the petitioner contends that vide impugned order dated 21.08.2025, learned Civil Judge (Junior Division), Barnala has decided three applications dated 27.03.2023, 27.04.2023 and 21.10.2023 moved by the respondent.

3. He further contends that there is no provision for amendment of the execution petition under Code of Civil Procedure, 1908 (in short ‘CPC’).

4. I have heard learned counsel for the petitioner and have gone through the file of this case.

5. A perusal of the order as well as the application shows that there are certain mistakes in the application such as instead of ‘defendant/decree holder’ it is to be written as ‘plaintiff/decree holder’ and further name of judgment debtor No.4 be deleted etc. Further, the application filed by the respondent also shows that no major amendment is sought for instead of inadvertent, typographical mistakes. And the amendment would not cause any prejudice to the petitioner/judgment debtor.

6. So far as the contention of learned counsel for the petitioner to the extent that there is no provision for amendment of execution petition under CPC is concerned, the answer to the same is in negative, which is dealt with as under:-

7. It would be apposite to reproduce here the relevant provisions of the CPC, which are reproduced as under:-

“141. Miscellaneous proceedings.—The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.”

8. A bare reading of Section 141, which is miscellaneous proceedings shows that the procedure provided under CPC in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction. Therefore, proceeding would include execution proceeding as well. The explanation further clarifies that the expression ‘proceedings’ includes proceedings under Order IX but does not include any proceeding under Article 226 of the Constitution of India.

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.”

9. A bare reading of Section 151 speaks of inherent power of the Court, which specifically reads that 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.

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.”

10. A bare reading of the above referred to Section 153 of CPC shows that Section 153 of CPC vests power with the Court to amend any defect or error in any proceedings of suit. It is also clarified that all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceedings.

11. As in the present case, if there is a mistake for which application for rectification/amendment of the same is filed, under Section