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The power is not unlimited; it is exercisable only under circumstances provided in the section, and not for purposes such as changing the nature of the suit or defeating a valid defense Asha Rani VS Vandana Rani - Punjab and Haryana, ABDUL JALAL vs MOHAMMED IDRIS - Madras, ABDUL JALAL vs MOHAMMED IDRIS - Madras.
Analysis and Conclusion:
References:- Harmeet Singh VS Ravi Inder Singh, Deceased Through Legal Representatives - Delhi- Asha Rani VS Vandana Rani - Punjab and Haryana- ANNEX REALITY VENTURES PVT LTD vs SHINAGAM VENKATA SATYANARAYANA - Andhra Pradesh- SEBASTIAN T.J vs SOUTH INDIAN BANK MANANTHAVADY - Kerala- Sakshi Khurana, D/o. Lt. Rohin Khurana VS Raj Kumar, S/o Sh. Teerath Ram - Jammu and Kashmir- ABDUL JALAL vs MOHAMMED IDRIS - Madras- ABDUL JALAL vs MOHAMMED IDRIS - Madras
In the intricate world of civil litigation, procedural errors can sometimes overshadow substantive justice. This is where Section 153 of the Code of Civil Procedure (CPC) steps in, empowering courts to amend defects or errors in proceedings. But what exactly is the power of amendment under Section 153 CPC? If you're a litigant, lawyer, or simply navigating Indian civil law, understanding this provision can prevent miscarriages of justice and ensure your case proceeds smoothly.
This blog post dives deep into Section 153 CPC, exploring its overview, related provisions, applications, limitations, and judicial insights. We'll draw from key legal texts and precedents to provide a comprehensive guide. Note: This is general information and not specific legal advice. Consult a qualified lawyer for your situation.
Section 153 CPC grants courts a general power to amend any defect or error in any proceeding in a suit at any time, on terms it deems fit. The primary aim? To determine the real question or issue raised by the proceedingsDocument 02800001346Manoranjan Nath VS Rajesh Roy - 2016 Supreme(Tri) 5 - 2016 0 Supreme(Tri) 5.
This provision isn't confined to judgments, decrees, or orders—it's broad, covering any defect or error in the proceedings to ensure justice Document 02800001346Manoranjan Nath VS Rajesh Roy - 2016 Supreme(Tri) 5 - 2016 0 Supreme(Tri) 5. As one source notes, Section 153 CPC confers a general power to amend any defect or error in proceedings of a suit, similar to the powers under Section 151 CPC. It is wide in scope and allows amendments to be made at any time and on such terms as the court thinks fitHarmeet Singh VS Ravi Inder Singh, Deceased Through Legal Representatives - Delhi.
Courts can even act suo motu (on their own motion) to correct verbal slips, typographical errors, or defects, preventing injustice due to procedural lapses Harmeet Singh VS Ravi Inder Singh, Deceased Through Legal Representatives - DelhiAsha Rani VS Vandana Rani - Punjab and Haryana. This flexibility applies to pending proceedings, including pleadings, judgments, decrees, orders, and execution petitions SEBASTIAN T.J vs SOUTH INDIAN BANK MANANTHAVADY - KeralaSakshi Khurana, D/o. Lt. Rohin Khurana VS Raj Kumar, S/o Sh. Teerath Ram - Jammu and Kashmir.
To fully grasp Section 153, consider its interplay with allied sections:
The Supreme Court in Master Construction Co. Pvt. Ltd. v. State of Orissa clarified: the arithmetical mistake is a mistake of calculation, a clerical mistake is a mistake in writing or typing whereas an error arising out of or occurring from accidental slip or omission is an...Ramesh Joshi VS Government of M. P. - 2019 Supreme(MP) 590 - 2019 0 Supreme(MP) 590.
These sections form a comprehensive correction framework, with Section 153 providing the overarching general power Kalpana VS Premkumar - 2014 Supreme(Ker) 381 - 2014 0 Supreme(Ker) 381.
While Section 153 enables broad amendments, amendments to pleadings are primarily governed by Order VI Rule 17 CPC. However, the principles underlying the scope of power to amend either under Order 6 rule 17 CPC or under section 153 CPC are substantially the sameRamesh Joshi VS Government of M. P. - 2019 Supreme(MP) 590 - 2019 0 Supreme(MP) 590.
Section 153 applies where specific rules don't override it, such as amending execution petitions or other proceedings to reflect parties' true intentions SEBASTIAN T.J vs SOUTH INDIAN BANK MANANTHAVADY - KeralaSakshi Khurana, D/o. Lt. Rohin Khurana VS Raj Kumar, S/o Sh. Teerath Ram - Jammu and Kashmir. Courts exercise broad judicial discretion to allow amendments serving justice, without undue prejudice to opponents Document 02800001346Manoranjan Nath VS Rajesh Roy - 2016 Supreme(Tri) 5 - 2016 0 Supreme(Tri) 5.
Under Section 153 CPC, what is dealt with is the general power of amendment. Sections in the Code of Civil Procedure are substantive law within the procedural law and the Orders in the CPC clearly depicts the procedure to be followed with necessary RulesKalpana VS Premkumar - 2014 Supreme(Ker) 381 - 2014 0 Supreme(Ker) 381Kalpana VS Premkumar - Current Civil Cases.
If CPC has targeted rules (e.g., Order VI Rule 17 for pleadings), they prevail over Section 153's general power ANNEX REALITY VENTURES PVT LTD vs SHINAGAM VENKATA SATYANARAYANA - Andhra PradeshAnnex Reality Ventures Pvt. Ltd. (PAN. AAGCA1186J) vs SHINAGAM VENKATA SATYANARAYANA - Andhra Pradesh. But then, the power to permit amendment flows from the substantive provision namely, Section 153 of CPCHemanakumar VS D. Melvinkumar - 2018 Supreme(Mad) 1799 - 2018 0 Supreme(Mad) 1799.
The power under Section 153 is not unlimited. Key constraints include:
Jurisdictional Limits: Amendments under Section 152 stay with the issuing court. Post-appeal dismissal, Section 153A allows trial court action, but not beyond Document 02800001346Manoranjan Nath VS Rajesh Roy - 2016 Supreme(Tri) 5 - 2016 0 Supreme(Tri) 5.
No Fundamental Changes: Cannot alter the nature of the suit or defeat valid defenses Asha Rani VS Vandana Rani - Punjab and HaryanaABDUL JALAL vs MOHAMMED IDRIS - MadrasABDUL JALAL vs MOHAMMED IDRIS - Madras.
Due Diligence and Prejudice: Amendments must avoid prejudice; courts weigh this carefully, often invoking inherent powers under Section 151 CPC for justice Document 02800001346Manoranjan Nath VS Rajesh Roy - 2016 Supreme(Tri) 5 - 2016 0 Supreme(Tri) 5Harmeet Singh VS Ravi Inder Singh, Deceased Through Legal Representatives - Delhi.
Section 153 of CPC prescribes general power of amendment which reads as follows:-Manoranjan Nath VS Rajesh Roy - 2016 Supreme(Tri) 5 - 2016 0 Supreme(Tri) 5. This underscores its procedural role, exercisable only as specified.
Courts liberally exercise this power to avoid miscarriage of justice, but respect boundaries. For instance, amendments correct clerical errors, verbal slips, or defects to facilitate just decisions Harmeet Singh VS Ravi Inder Singh, Deceased Through Legal Representatives - DelhiSEBASTIAN T.J vs SOUTH INDIAN BANK MANANTHAVADY - Kerala.
Practitioners should:- Identify if it's a clerical error (Section 152) or broader defect (Section 153).- Apply to the correct court within limits.- Address potential prejudice to opponents.
The power includes suo moto amendments, allowing courts to correct verbal slips, typographical errors, or defects, ensuring justice and preventing injustice due to procedural errorsHarmeet Singh VS Ravi Inder Singh, Deceased Through Legal Representatives - DelhiAsha Rani VS Vandana Rani - Punjab and Haryana.
Section 153 CPC offers a robust framework for amending proceedings, complemented by Sections 152 and 153A. It ensures procedural defects don't derail justice, promoting flexibility while upholding limits. Generally, courts wield this power liberally yet judiciously, prioritizing substantive over technical issues.
Key Takeaways:- Broad Scope: Covers any proceeding defect, at any time Harmeet Singh VS Ravi Inder Singh, Deceased Through Legal Representatives - Delhi.- Interplay with Rules: Specific provisions like Order VI Rule 17 take precedence Ramesh Joshi VS Government of M. P. - 2019 Supreme(MP) 590 - 2019 0 Supreme(MP) 590.- Limitations: No changes to suit's nature; jurisdiction-bound ABDUL JALAL vs MOHAMMED IDRIS - Madras.- Best Practice: Assess amendment type, court jurisdiction, and prejudice risks.
For litigants, timely applications under these sections can salvage cases. Stay informed on CPC amendments—justice often hinges on procedural precision. References: Harmeet Singh VS Ravi Inder Singh, Deceased Through Legal Representatives - DelhiAsha Rani VS Vandana Rani - Punjab and HaryanaSEBASTIAN T.J vs SOUTH INDIAN BANK MANANTHAVADY - KeralaSakshi Khurana, D/o. Lt. Rohin Khurana VS Raj Kumar, S/o Sh. Teerath Ram - Jammu and KashmirANNEX REALITY VENTURES PVT LTD vs SHINAGAM VENKATA SATYANARAYANA - Andhra PradeshDocument 02800001346Manoranjan Nath VS Rajesh Roy - 2016 Supreme(Tri) 5 - 2016 0 Supreme(Tri) 5.
#Section153CPC, #CPCLaw, #AmendmentPower
Akin to Section 151 CPC, Section 153 CPC confers general power to amend any defect or error in the proceedings in the suit. 22.In the case of Hansabai Shripati Bhosale vs. ... The power of amendment under Order VI Rule 17 of CPC, 1908 is, therefore, specific to amendment of the pleadings i.e., Plaint, Written Stateme....
Amendment - Written Statement - CPC Section 153, Order II Rule 2, Order VI Rule 17 - The court emphasized ... 153 of the CPC. ... court's refusal to allow amendments as lacking application of mind, emphasizing that typographical errors can be corrected under Section ... Such typographical errors can always be corrected after the decision of the suit under Section 153 of the Cod....
) power to legislate includes power to legislate retrospectively. ... 153-A.” ... 153-A.” ... amendment in Section 153C. ... (1) of Section 153-A except in cases where any assessment or reassessment has abated.
Though Section 153 CPC speaks of general power to amend, when there are specific provisions in CPC dealing with the intended amendment, by a general sweep the prayer sought for cannot be granted. 8. ... It is further contended that Section 153 CPC has no application when a plaintiff in suit for injunction intend to file suit against a....
Though Section 153 CPC speaks of general power to amend, when there are specific provisions in CPC dealing with the intended amendment, by a general sweep the prayer sought for cannot be granted. 8. ... It is further contended that Section 153 CPC has no application when a plaintiff in suit for injunction intend to file suit against a....
Section 153 of the CPC dealing with the general power to amend, has held that the expression “proceedings” in the said Section also includes execution petitions and therefore the provisions in Order 6 Rule 17 of CPC will also apply in amending an execution petition. ... Apart from this section 153, vesting powers with the Court, in relation to #HL_STAR....
In view of the provision laid down under section 153 of the Code of Civil Procedure, general power for amendment and Order VI, Rule 17 of the Code of Civil Procedure, as well as section 141 of the Code of Civil Procedure, in my opinion, application seeking amendment to the execution petition, is maintainable ... It is clear from #HL_....
Article 227 - Jurisdiction - Code of Civil Procedure, Section 152, Section 153 - The court discussed the ... provisions of Section 152 and Section 153 of the Code of Civil Procedure, emphasizing the power of the court to correct clerical ... It also emphasized that Section 153 applies to pending proceedings, while Section 152 applies after a judgment, decree, or order ... Sect....
Section 153 of C.P.C., has been extracted above. The power to amend under Section 153 though wide, can be exercised only where the circumstances provided under such section exists. ... We do not think, the power under Section 153 is intended for that purpose. ... She would also refer the language of the Se....
We do not think, the power under Section 153 is intended for that purpose. ... 8.An application under Section 153 of C.P.C., was also filed before the Trial Court, seeking an amendment of the preliminary decree in I.A.No.110 of 2017. ... The power to amend under Section 153 though wide, can be exercised....
As such, the principles underlying the scope of power to amend either under Order 6 rule 17 CPC or under section 153 CPC are substantially the same. The Hon’ble Supreme Court in the case of Master Construction Co. Pvt., Ltd., v. State of Orissa, AIR 1966 SC 1047, it has been observed that the arithmetical mistake is a mistake of calculation, a clerical mistake is a mistake in writing or typing whereas an error arising out of or occurring from accidental slip or omission is an....
In this regard, he placed reliance on the decision of the Madras High Court reported in 2015 4 L.W 233. But then, the power to permit amendment flows from the substantive provision namely, Section 153 of CPC. It is true that the standard of due diligence has been prescribed in the proviso to Order 6 Rule 17 of CPC.
10. Section 153 of CPC prescribes general power of amendment which reads as follows:-
Under Section 153 CPC, what is dealt with is the general power of amendment. Sections in the Code of Civil Procedure are substantive law within the procedural law and the Orders in the CPC clearly depicts the procedure to be followed with necessary Rules. The procedure should be the one as contemplated under Order VI Rule 17.
Sections in the Code of Civil Procedure are substantive law within the procedural law and the Orders in the CPC clearly depicts the procedure to be followed with necessary Rules. The procedure should be the one as contemplated under Order VI Rule 17. Under Section 153 CPC, what is dealt with is the general power of amendment.
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