Code of Civil Procedure, 1908 | Section 153A

Section 153A CPC: Power to Amend a Decree or Order When an Appeal Is Summarily Dismissed

Section 153A of the Code of Civil Procedure, 1908 (CPC) allows the court that originally passed a decree or order to correct qualifying errors even after an appellate court has summarily dismissed an appeal under Order XLI Rule 11.

Text of Section 153A CPC

Power to amend decree or order where appeal is summarily dismissed

Where an Appellate Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to amend, under section 152, the decree or order appealed against may be exercised by the Court which had passed the decree or order in the first instance, notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order, as the case may be, passed by the Court of first instance.

This provision was inserted by the Code of Civil Procedure (Amendment) Act, 1976 (Act 104 of 1976), with effect from 1 February 1977.

Meaning of Section 153A

The provision addresses which court can correct a decree or order after an appeal is rejected at the preliminary stage. Ordinarily, an appellate decision may affect the authority of the original court because of the doctrine of merger. Section 153A expressly preserves the original court's limited correction power when the appeal is dismissed under Order XLI Rule 11.

Conditions for its application

  • The original court passed the decree or order requiring correction.
  • An appeal against it was dismissed by the appellate court under Order XLI Rule 11 CPC.
  • The proposed correction falls within Section 152 CPC: a clerical mistake, arithmetical mistake, or error caused by an accidental slip or omission.

Scope and limitations

Section 152 CPC permits correction of clerical or arithmetical mistakes in judgments, decrees or orders and errors arising from accidental slips or omissions. The court may act on its own motion or on a party's application, and the provision states that such corrections may be made at any time.

Section 153A does not confer a fresh power to reconsider the merits. It identifies a court that may exercise the existing, limited power under Section 152. It cannot ordinarily be used to change substantive relief, reopen findings, or obtain a different judgment in the guise of correcting a typographical mistake.

If the appeal was heard and disposed of on merits rather than dismissed under Order XLI Rule 11, Section 153A does not by itself preserve the trial court's power to amend the decree. The competent forum must then be determined with reference to the appellate decision and the doctrine of merger.

Illustrative example

A trial court grants a money decree for Rs. 2,50,000, but the formal decree accidentally records Rs. 25,000 despite the judgment clearly stating Rs. 2,50,000. If the appeal is summarily dismissed under Order XLI Rule 11, the trial court may consider an application under Sections 152 and 153A to correct the accidental transcription error. Whether a particular discrepancy is truly clerical depends on the judgment and case record.

Procedure for seeking correction

  1. Obtain the original judgment, decree or order and the appellate order dismissing the appeal.
  2. Confirm that dismissal was specifically under Order XLI Rule 11.
  3. File an application before the original court invoking Sections 152 and 153A CPC, identifying the exact error and proposed correction.
  4. Attach supporting copies and explain why the correction merely reflects the court's original decision rather than changing its substance.
  5. Comply with the applicable court rules, filing requirements and directions regarding notice to other parties.

Although Section 152 says "at any time," delay, procedural rules and the precise nature of the relief should still be considered. Section 153A is not a substitute for appeal, review or other substantive remedies.

Read the Code of Civil Procedure, 1908 on the official India Code website (PDF). See particularly Section 152, Section 153A and Order XLI Rule 11.

Section 152 CPC concerns correction of clerical and arithmetical errors; Section 153 CPC concerns the general power to amend defects or errors in proceedings; and Section 151 CPC saves inherent powers of the court, subject to the statutory scheme.

Legal information for general reference. The applicable statutory text, local amendments and judicial decisions should be checked for the particular court and proceedings.