Section 152 CPC - Amendment of Judgments, Decrees or Orders
Section 152 of the Code of Civil Procedure, 1908 empowers a civil court to correct clerical mistakes, calculation errors and accidental slips or omissions in its judgments, decrees and orders. It is a limited power of correction, not a means of reconsidering the merits of a decision.
Text of Section 152 CPC
152. Amendment of judgments, decrees or orders. Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.
Official source: Code of Civil Procedure, 1908 (India Code, Government of India).
Meaning and purpose of Section 152
The provision enables the court to ensure that its written judgment, decree or order accurately records what the court actually decided. It addresses inadvertent errors in expression or recording rather than mistakes in judicial reasoning.
Clerical mistake
A writing, typing or transcription error, such as a misspelled party name or an incorrectly copied figure, where the intended text is clear from the record.
Arithmetical mistake
An error in calculation, such as an incorrect total resulting from adding figures already accepted by the court.
Accidental slip or omission
An unintended insertion, omission or misstatement in the written decision that does not reflect the court's actual determination. The error must be genuinely accidental, not a disputed question requiring fresh adjudication.
Scope and limitations
- At any time: Section 152 prescribes no fixed statutory time limit for a qualifying correction, although delay, prejudice and the facts of the case may be relevant.
- On the court's own motion: The court may correct an error without a party's application, or a party may request correction.
- No fresh relief: The provision cannot be used to obtain substantive relief that was not granted in the original decision.
- No review on merits: A party cannot use Section 152 to reopen findings, change the result or substitute a different judicial conclusion.
- Record-based correction: The requested change should be demonstrably consistent with the decision originally intended.
Practical examples
Potentially correctable: A decree records Rs. 1,25,000 although the judgment unmistakably awards Rs. 1,52,000; a party's name is mistyped; or a mathematical total is wrong.
Generally not correctable under Section 152: A party asks the court to award additional damages, revise a finding of liability or grant an entirely new remedy after the judgment has been pronounced.
Whether a particular error is accidental depends on the judgment, decree and case record.
How to apply for correction under Section 152 CPC
- Identify the exact judgment, decree or order and the portion containing the alleged error.
- Explain why the error is clerical, arithmetical or an accidental slip or omission, with reference to the existing record.
- Specify the precise correction sought and file an application before the appropriate court in accordance with applicable procedural and filing rules.
- Serve the other parties if required by the court or relevant rules, and attend any hearing fixed.
- If correction is allowed, obtain the corrected order or decree and use the authenticated version for subsequent proceedings.
The court will assess whether the request merely records its original intention or impermissibly changes the substance of the adjudication.
Related CPC provisions
Section 151 CPC: Preserves inherent powers necessary for the ends of justice or to prevent abuse of process, subject to the Code's express provisions.
Section 153 CPC: Allows amendment of defects or errors in proceedings in a suit on terms the court considers appropriate.
Section 153A CPC: Addresses the power of the court of first instance to amend a decree or order under Section 152 when an appeal is dismissed under Order XLI Rule 11.
Review of a judgment, where legally available, is governed by Section 114 and Order XLVII CPC, not by Section 152.
Supreme Court guidance
In State of Punjab v. Darshan Singh, (2004) 1 SCC 328, and Bijay Kumar Saraogi v. State of Jharkhand, (2005) 7 SCC 748, the Supreme Court explained that Section 152 is confined to accidental and clerical corrections and cannot be used to obtain substantive relief or review a final order. See the judicial academy's reported case digest.
A Supreme Court judgment dated 24 February 2026 reiterates that Section 152 does not authorize changes to substantive rights or a merits-based alteration of the operative decision.
Frequently asked questions
Can a court correct a decree after it has been passed?
Yes. Section 152 expressly allows qualifying clerical, arithmetical or accidental errors to be corrected at any time.
Can Section 152 be used to change the amount awarded?
Only if the change corrects a genuine calculation or recording error and does not amount to a fresh determination of entitlement or quantum.
Can the court act without an application?
Yes. Section 152 permits correction on the court's own motion.
Is Section 152 an alternative to appeal or review?
No. It cannot be used to challenge the merits or seek relief beyond the original adjudication.