AI Overview...
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Section 152 of the Civil Procedure Code (CPC) - Primarily deals with the correction of clerical or arithmetical mistakes in judgments, decrees, or orders. It allows courts to amend decrees to rectify errors that are of a clerical nature, such as mistakes in dates, figures, or descriptions, without altering the substantive rights or issues involved. B. Malikarjuna Reddi VS B. Chenna Reddy - Andhra Pradesh, Manoj Samal VS Makunda Samal - Orissa, TILAK RAJ VS BAIKUNTHI DEVI (D) BY LRS. - Uttarakhand, Gopal Dass VS Pawan Kumar - Punjab and Haryana
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Scope and Limitations - Section 152 is not meant for correcting substantive errors, errors of law, or mistakes arising from a change in the substantive rights of parties. Corrections under this section are limited to clerical or typographical errors that do not affect the merits of the case. For substantive corrections, other procedures like review under Order XLVII or filing a review application are appropriate. B. Malikarjuna Reddi VS B. Chenna Reddy - Andhra Pradesh, Manoj Samal VS Makunda Samal - Orissa, TILAK RAJ VS BAIKUNTHI DEVI (D) BY LRS. - Uttarakhand
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Application and Procedure - Corrections can be initiated by parties through an application to the court that passed the decree or order. The court's power under Section 152 is discretionary but generally exercised to prevent miscarriage of justice due to clerical mistakes. It is distinct from review or appeal processes. B. Malikarjuna Reddi VS B. Chenna Reddy - Andhra Pradesh, Manoj Samal VS Makunda Samal - Orissa, Sampuran Singh (Deceased By L. Rs. ) VS Nandu - Punjab and Haryana
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Judicial Interpretations - Courts have clarified that Section 152 is confined to clerical errors and does not empower courts to correct errors of substantive law or mistakes that require re-examination of issues. For example, errors in boundary descriptions or clerical errors in land details are rectifiable under Sec. 152. Hari Prasad Bhuyan VS Durga Prasad Bhuyan - Orissa, TILAK RAJ VS BAIKUNTHI DEVI (D) BY LRS. - Uttarakhand, Gopal Dass VS Pawan Kumar - Punjab and Haryana
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Related Legal Provisions - The section is often discussed alongside Sections 151 (inherent powers of the court), 153, and procedural rules like Order 6 Rule 18, which also pertain to amendments and corrections in decrees or pleadings. Manoj Samal VS Makunda Samal - Orissa, B. Malikarjuna Reddi VS B. Chenna Reddy - Andhra Pradesh
Analysis and Conclusion
Section 152 of the CPC provides a specific and limited power to courts to correct clerical or arithmetical errors in decrees and orders to prevent miscarriage of justice. It does not extend to substantive corrections or errors of law, which require other procedural remedies such as review or appeal. Proper application of Sec. 152 ensures judicial accuracy while maintaining the integrity of the judicial process. Parties seeking correction should file an appropriate application, and courts exercise this power cautiously, emphasizing that corrections are confined to clerical mistakes only.
Search Results for "Sec 152 of Civil Procedure Code"
1986 0 Supreme(AP) 85 • India - Andhra Pradesh
P.KODANDA RAMAYYA
A mistake anterior to the suit cannot be corrected under See 151 or Sec. 152 of the Civil Procedure Code, Sec. 152 is for the purpose ... SPECIFIC RELIEF ACT, Sec. 26 and Civil Procedure Code, sec. 94, 151 and 152-Suit for specific performance of an agreement of sale ... . 94 of the Civil Procedure Code, if it is a substantive relief founded on proving the requirement of Section 26 of the Specific
2004 0 Supreme(P&H) 335 • India - Punjab and Haryana
SURYA KANT
Correction of Judgment and Decree - Civil Suit - Sec. 152 of the Code of Civil Procedure - [Issue No. 1, Issue No. 8] Fact ... Issues: The issues involved the correction of the judgment and decree, the interpretation of Sec. 152 of the Code of Civil ... Ratio Decidendi: The court's decision was based on the interpretation of Sec. 152 of the Code of Civil Procedure, which allows ... Sec. #HL_STAR....
2000 0 Supreme(P&H) 1460 • India - Punjab and Haryana
K.S.KUMARAN, N.K.SUD
The court directed the appellant to move an appropriate application before the tribunal under sec. 151, 152, or 153 of the Civil ... . 151, 152, or 153 of the Civil Procedure Code for recalling the award. ... . 151, 152, or 153 of the Civil Procedure Code for recalling the award. ... After having heard the counsel for the petitioner, we are of the view that if there was any fraud committed by the claimants, it is open to the petitioners to move an appropriate applica....
1991 0 Supreme(AP) 475 • India - Andhra Pradesh
N.D.PATNAIK
151 or 152, Civil Procedure Code There is also no application review of the judgment under Or XLVII, R1 of the Civil Procedure Code ... Civil Procedure Code, Secs 151 and 152 and Order 20, Rule 3 and Or47, Rule 1 - Judgment pronounced in a revision petition by a Judge ... Procedure Code or by exercising its inherent power under Sec 151 Under Order XLVII, Rule 1, Civil Procedure Code, the Judgment can ... provided by S. 152, or on review Section #HL_S....
2017 0 Supreme(Ori) 316 • India - Orissa
A.K.RATH
Amendment of Decree - Correction of Decree - Sec.151/152 C.P.C. - Order 6 Rule 18 C.P.C. - [AMENDMENT OF DECREE] - [CIVIL PROCEDURE ... Ratio Decidendi: The court cited the provisions of Sec.151/152 C.P.C. and Order 6 Rule 18 C.P.C. and referred to relevant ... Issues: The main issue was whether the court can correct the decree under Sec.151/152 C.P.C. when the mistake has been....
2013 Supreme(Online)(KER) 35769 • India - High Court of Kerala
THOMAS P.JOSEPH, J
Amendment - Property Boundaries - Code of Civil Procedure - Section 152 - Summary: The court interpreted Sec. 152 as allowing ... Ratio Decidendi: The court established that Sec. 152 of the Code of Civil Procedure grants authority to amend decrees to rectify ... Learned counsel for respondent contended that amendment sought for is beyond the scope of Sec.152 of the Code of Civil Procedure (for short, "the #HL_STAR....
2002 0 Supreme(AP) 306 • India - Andhra Pradesh
L.NARASIMHA REDDY
CIVIL PROCEDURE CODE, Sec 152 - Suit for recovery of certain amount through preliminary decree for redemption of mortgage ... - Suit decreed granting four months time for payment - Application filed for correction of decree u/S152 CPC - Limitation ... One is to seek review by filing an application under Order 47 Rule 1 of c. P. C. and the other is to seek correction by filing an application under Section 152 c. P. C. ... It is also to be noticed in this ....
2008 0 Supreme(Ori) 54 • India - Orissa
ARIJIT PASAYAT, D.K.JAIN
CIVIL PROCEDURE CODE, 1908 - Sec. 152 - Title suit - Suit decreed in second appeal - Execution petition - Trial Court drew up the ... It was held that the appeal had abated and the judgment and order dated 18.5.1995 passed by the High Court in Second Appeal no.80/1986 was a nullity and, therefore, application under Section 152 of the Code of Civil Procedure, 1908 (in short the 'CPC') was not maintainable. ... Laxmi Ram Bhuyan filed a Civil Revision (CR No.423/1997) in....
2009 0 Supreme(UK) 25 • India - Uttarakhand
S.B.SINHA, MUKUNDAKAM SHARMA
Civil Procedure Code, 1908, Sec. 152 — Error in decree with regard to khasra number of land the subject matter of suit — Such mistake ... being of clerical nature can be rectified by resort to provisions of Section 152 C.P.C. — Such mistake having occurred not because ... ) ... nhokuh izfd;k lafgrk] 1908] /kkjk&152 ... We feel that if we direct the appellant to seek remedy under the provisions of Section 152 of the CPC, it will only delay and prolon....
2009 0 Supreme(P&H) 978 • India - Punjab and Haryana
S.D.ANAND
The court also emphasized that the jurisdiction under Sec.152, C. P. ... Rectification - Civil Procedure Code - Sec.152, Sec.151 - Sec.20 of the Indian Contract Act Fact of the Case: The ... C. ... Thereafter, the plaintiff therein (respondent No.1 before this court) filed a plea under Sec.152 read with Sec.151, C. P. C. for correction of a particular Rect. n....
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