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Analysing the retrieved Case Laws
Scanned Judgements…!
Unlimited Power of Executing Court to Correct Clerical Errors The executing court has the authority under Section 152 of the Civil Procedure Code (CPC) to rectify clerical, arithmetical, or accidental slip errors in a decree to give effect to the court's true intention. Such errors are apparent on the face of the record and do not require argument to identify. This power is recognized as inherent and essential for justice, allowing courts to amend mistakes that do not alter the substantive rights but only correct clerical or calculation errors ["2024 0 Supreme(Jhk) 405"], ["2025 0 Supreme(AP) 485"], ["
Sharad Kapoor VS Mani Chopra - Current Civil Cases (2022)
"], ["2024 0 Supreme(Jhk) 111"].Scope and Limitations of the Power The power is limited to correcting errors that are manifest and do not involve re-judgment or re-evaluation of the case. Courts cannot use this power to make substantial or substantive corrections or to modify the original judgment beyond clerical or accidental errors. The correction must reflect the actual intention of the court at the time of passing the decree, and it cannot create new rights or alter the substance of the decision ["2024 0 Supreme(Jhk) 405"], ["2024 0 Supreme(Jhk) 111"], ["2024 0 Supreme(All) 2112"].
Judicial Principles and Jurisdiction The courts, including High Courts, exercise this power within well-established judicial principles, and it is not an unlimited prerogative. The power is to be exercised judiciously, ensuring that only clear clerical or arithmetical mistakes are corrected. The Supreme Court has emphasized that such corrections are meant to give effect to the court’s original intention, not to revisit or alter substantive rulings ["2024 0 Supreme(Jhk) 405"], ["02000059770"], ["
Sharad Kapoor VS Mani Chopra - Current Civil Cases (2022)
"].Inherent Power and Court’s Authority The power to correct clerical errors is inherent in the court that passed the decree, and the court can exercise this power suo motu or upon application, provided the mistake is apparent and not subject to dispute. This power is also supported by the court’s inherent authority to ensure justice and prevent miscarriage due to clerical or calculation errors ["2024 0 Supreme(Jhk) 405"], ["2025 0 Supreme(AP) 485"].
Judicial Limitations and High Court’s Role The High Court's jurisdiction under Article 227 is not unlimited, and it cannot correct all types of errors or grant substantive relief through this power. Corrections are confined to clerical errors and do not extend to substantive modifications or re-arguments of the case ["2024 0 Supreme(Jhk) 405"], ["2024 0 Supreme(Jhk) 111"].
The executing court possesses the unlimited and inherent power under Section 152 CPC to correct clerical, arithmetical, or accidental slip errors in a decree to ensure it accurately reflects the court’s original intention. This power is limited to manifest errors and does not permit substantive modifications or re-judgment. Courts must exercise this power judiciously, maintaining the balance between correcting genuine mistakes and preserving the finality of judgments. The Supreme Court and various High Courts have consistently upheld this authority, emphasizing that such corrections are essential to prevent injustice caused by clerical oversights but must be confined within judicial principles to avoid overreach ["2024 0 Supreme(Jhk) 405"], ["2025 0 Supreme(AP) 485"], ["
Sharad Kapoor VS Mani Chopra - Current Civil Cases (2022)
"].References:- 2024 0 Supreme(Jhk) 405- 2025 0 Supreme(AP) 485-
Sharad Kapoor VS Mani Chopra - Current Civil Cases (2022)
- 2024 0 Supreme(Jhk) 111- 2024 0 Supreme(All) 2112
Imagine winning a hard-fought civil case, only to find a simple typo in the decree prevents its execution—like a wrong property number or misspelled name. Does the have the authority to step in and correct such mistakes? The question arises: Does the have the unlimited power to correct clerical errors or mistakes to give effect to the decree?
This is a common concern in civil litigation under the (CPC). While courts hold significant powers, they are not boundless. This post explores the 's authority under , its , key limitations, and insights from judicial precedents. Note: This is general information and not specific legal advice; consult a qualified lawyer for your case.
The generally possesses both statutory and to correct in decrees, judgments, or orders. This ensures the document reflects the court's true intention without delving into the merits. explicitly states that courts can amend such errors at any time on their own or upon by a party. 1980 0 Supreme(Gau) 16 2001 2 Supreme 209
As affirmed in various rulings, The court’s power to correct clerical or arithmetical mistakes arising from accidental slips or omissions, and the scope of such corrections. 1980 0 Supreme(Gau) 16 The and emphasize this power facilitates justice and prevents prejudice from minor oversights. 1976 0 Supreme(All) 816 2003 7 Supreme 474
Not every mistake qualifies. Corrections are confined to palpable, obvious errors on the record's face, such as:- Typographical errors (e.g., wrong Khasra/rectangle numbers). 2023 0 Supreme(P&H) 3211- Arithmetical slips (e.g., incorrect calculations).- Accidental omissions (e.g., missing property extent). 2025 0 Supreme(Bom) 456
For example, in a partition suit, a clerical error from revenue records (rectangle number 52 instead of 37) was corrected under Section 152, even post-, as it originated from Jamabandi inaccuracies. The court noted, clerical errors in judgments or decrees can be corrected under , even if they originated from the pleadings. 2023 0 Supreme(P&H) 3211
Another case involved amending a for land blocks (1/2 share of Block 535 and full Block 593), where the rightly identified an accidental error in the decree regarding the description of the property. 2025 0 Supreme(Bom) 456
However, the correction must align with the court's and not alter substantive terms.
2007 7 Supreme 687
The power is not unlimited. Courts repeatedly stress it cannot substitute for or :- No Substantive Changes: Cannot revisit facts, law, or merits. 1976 0 Supreme(All) 816 2003 7 Supreme 474- Deliberate Errors Excluded: Only accidental, not intentional mistakes. 1966 0 Supreme(SC) 306 2004 5 Supreme 705- No Re-argument: Errors requiring evidence or debate fall outside. 2022 0 Supreme(J&K) 726
In Dwaraka Das v...., pendente lite interest omission was not deemed a clerical error, as it involved substantive judgment. 2025 0 Supreme(Bom) 456 Similarly, in conformity with terms cannot be amended beyond clerical fixes; Section 151 and 152 of the Code of Civil Procedure allow for correction of clerical or arithmetical mistakes in a decree, but do not empower the court to amend a compromise decree that is in conformity with the terms of the compromise. 2000 0 Supreme(Kar) 525
Executing courts must ensure corrections are clear, palpable, and unambiguous to avoid re-litigation. 1976 0 Supreme(All) 816
Landmark decisions reinforce these principles:- Tilak Raj v. Baikunthi Devi and Jayalakshmi Coelho: Power is broad but cautious, limited to true court intention. 2024 0 Supreme(Cal) 1395 2018 5 Supreme 105- Property misdescription by boundaries (distinct survey numbers) was rectified post-decree under Sections 151/152, as Mis-description of suit property can be corrected by Court in exercise of power under Section 152 and 151 of Code, even post decree. 2023 0 Supreme(Bom) 368- In execution disputes, mouza name change ('Puruna Balasore' to 'Sunhat') was a formal clerical error not affecting rights. 2017 0 Supreme(Ori) 360- Appellate decree corrections: Inherent power exists to vary judgments for intent, even post-. 2001 0 Supreme(Ker) 544
These cases, like one dismissing a revision after correcting property extent, show executing courts act to ensure the judgment reflected the court's . 2025 0 Supreme(Bom) 456
Executing courts have well-recognized jurisdiction for such corrections if errors are manifest, without merits inquiry. 2005 8 Supreme 488 This aligns decrees for proper implementation, preventing prejudice.
For instance, after decades of litigation, a clerical error blocking decree fruits was fixed, as If this clerical error is not corrected then the plaintiff will not be entitled to enjoy the fruits of the decree. 2017 0 Supreme(Ori) 360
Post-appellate merger, the appellate decree governs, but clerical fixes remain available. 2001 0 Supreme(Ker) 544
Prior dismissals do not bar fresh applications; no . The dismissal of an for amendment does not constitute . 2006 0 Supreme(Gau) 248
In summary, the typically has broad—yet confined—power under to correct clerical, arithmetical, or accidental errors, giving true effect to decrees without merits . 1980 0 Supreme(Gau) 16 2001 2 Supreme 209 1976 0 Supreme(All) 816 This upholds justice efficiently, as seen in consistent case law.
Key Takeaways:- Limited to obvious slips; no merits touch.- Available anytime in execution.- Seek professional advice to navigate.
Stay informed on CPC nuances to protect your rights.
#Section152CPC, #ClericalErrors, #ExecutingCourt
An arithmetical mistake is a mistake in calculation, while a clerical mistake is a mistake of writing or typing error occurring due to accidental slip or omissions or error due to careless mistake or omission. ... It represents that which the court never intended to say. It is an error apparent on the face of the record and does not depend for its discovery on argument or disputation. An arithmetical erro....
The executing court also refused to grant pendente lite interest to the decree holder and the same was upheld by the High Court in the revision petition filed against the order of the executing court. ... The question, therefore, arises is whether omission of pendente lite interest to the decree by the trial Court was an accidental or clerical error. In the case of Dwaraka Das v. ... So far legal position is concer....
and jurisdiction of the executing court under section 152 of the Code to rectify such error in the decree. ... , since the executing court cannot go beyond the decree. ... Moreover the court below was justified in observing that by invoking jurisdiction under section 152 of the Code, the executing court can correct the decree where the mistake occurred due to sl....
He further submits that there is ample power with the Court under section 152 CPC to correct such mistake/error by mentioning the correct Khasra/Rectangle number in the decree sheet. 3. Notice of motion for 17.08.2023. 4. ... The court may not have a suo moto power to amend a decree but the same would not mean that the court cannot rectify a mistake. ... It was held to the follow....
Section 189, Civil Procedure Code, does not give the Court jurisdiction to correct errors in the judgment. The sinno Appu corresponding sections of the Indian Code give the Court power to correct errors even in judgments. The District Court has no power to amend a decree affirmed by his Court. ... Clerical error in judgment repeated in decree#HL....
, (2007) 13 SCC 421 , the Hon’ble Apex Court held as under in Paras 18 and 19 : “18. Section 152 of the Code of Civil Procedure empowers the Court to correct its own error in a judgment, decree or order from any accidental slip or omission. ... “Every Court,” said Bowen, L.J., in Mellor v. Swira “has inherent power over its own records so long as those records are within its power and that it can set right any mistake in them. .......
judgment so as to give effect to its meaning and intention. ... Krishna Kumar Nag [(1967) 2 SCR 18, this Court held:— “Now it is well settled that there is an inherent power in the court which passed the judgment to correct a clerical mistake or an error arising from an accidental slip or omission and to vary its ... Similarly, Section 152 CPC empowers a Civil Court to correct clerical....
In a matter where it is clear that something which the Court intended to do but the same was accidentally slipped or any mistake creeps in due to clerical or arithmetical mistake it would only advance the ends of justice to enable the Court to rectify such mistake. ... So far as legal position is concerned, there would hardly be any doubt about the proposition that in terms of Section 152 C.P.C., any error occurred in the decree on account of arithme....
The power of rectification of clerical, arithmetical errors or accidental slip does not empower the Court to have a second thought over the matter and to find that a better order or decree could or should be passed. ... It represents that which the Court never intended to say. It is an error apparent on the face of the record and does not depend for its discovery on argument or disputation. An arithmetical error is a mistake of calculation, and a #HL....
But the said order has been quashed and set aside by the order passed in the civil revision and affirmed to the level of the Hon'ble Apex Court on the ground Section 152 of CPC cannot be exercise in making substantial correction in the decree rather the power conferred therein is to correct the clerical ... mistake only. ... The power of superintendence confers power of a known and well recognized character and should be exercised on those judicial p....
If this clerical error is not corrected then the plaintiff will not be entitled to enjoy the fruits of the decree after battling for around more than three decades for getting justice in the Court of law…” Further the mistake is formal in nature and the rights of the defendants/JDRs are in no way being affected. Section 152, CPC says that this Court has inherent power to correct any clerical mistake crept in the judgment and the decree or in the record.
But in the instant case, though the petitioners are again and again agitating for amending the decree but actually asking for correcting the Survey Commissioner's report which was not objected by them while the same was accepted and incorporated as a part of the decree. It is also noted in the said judgment that: it will be seen on a bare perusal of Section 152 of the Code that it is an enabling provision empowering Courts to correct clerical or arithmetical mistakes in judgments, decrees and orders or any error arising therein from any accidental sip or omission. The Court has unl....
The purpose and intent of Section 151vesting power of amendment upon the Court is to check the multiplicity of the proceedings and to minimize the litigation. 30. Given attending facts and circumstances of the case in its entirety and also after hearing the learned Counsel for the parties, this Court is of the considered view that the dismissal of an application for amendment of a judgment and decree does not constitute res judicata and the same cannot be allowed to stand as a hindrance for filing a fresh application for amendment before any competent Court. A duty is also cast upon the Cour....
But when an appeal is preferred from an original decree and the appellate Court has dealt with the matter and dismissed the appeal confirming the decree of the trial Court, a question arose as to whether a correction petition has to be filed before the trial Court or the appellate Court. After referring to S. 152, C.P.C. and the power of the Court to correct or amend the decree, it was held that there was inherent power in the Court to correct a clerical mistake or an error arising from an omission and to vary its judgment so as to give effect to its meaning and intention. ....
M. KRISHNA MURTHY vs m/s. SHIVAPRASAD AND ANOTHER' that under Section 151 and 152, the Court has got the power to amend the compromise decree, but it has to be taken note of that in this case this Court has very clearly laid it down that a decree which is not in conformity with the compromise recorded in the suit can be amended to bring the decree in conformity with the compromise. So, this is not a case where it can be said that both the parties consented or agreed that there was a mistake or typographical mistake or that compromise entered into was not indicating the terms of compromise. #....
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