Code
Section 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.
Explanation of Section 152 CPC
Section 152 CPC gives civil courts the power to correct small mistakes in judgments, decrees, and orders. These mistakes usually include spelling errors, typing mistakes, calculation errors, or accidental omissions.
The main objective of this section is to ensure that court records accurately reflect the decision that the court intended to make. Therefore, the court may correct an error whenever it notices one.
The court can exercise this power at any time. It may correct the mistake on its own initiative or after a party files an application requesting the correction.
However, Section 152 CPC does not allow the court to change the substance of its decision. The court cannot alter the rights of the parties or review the merits of the case under this provision. Instead, it can correct only errors that occurred because of an accidental slip or omission.
For example, the court may correct an incorrect survey number, a mathematical error in the amount awarded, or a typographical mistake in the name of a party. Such corrections improve the accuracy of the judicial record without changing the actual judgment.
As a result, Section 152 CPC helps courts maintain accurate records while avoiding unnecessary litigation over minor mistakes.
Illustration
A civil court awards compensation of ₹5,00,000 to the plaintiff. However, while preparing the decree, the amount mistakenly appears as ₹50,000 because of a typing error.
The plaintiff files an application under Section 152 CPC. After verifying the judgment, the court corrects the decree to show the correct amount of ₹5,00,000. The correction reflects the court’s original intention and does not change the substance of the decision.
In another case, the court accidentally records the defendant’s name as “Rakesh Kumar” instead of “Rajesh Kumar.” The court later corrects the clerical mistake under Section 152 CPC.
Common Questions and Answers
What is Section 152 CPC?
Answer:
Section 152 CPC allows a court to correct clerical, arithmetical, and accidental mistakes in judgments, decrees, and orders.
Can the court correct mistakes on its own?
Answer:
Yes. The court may correct such mistakes on its own or after receiving an application from any party.
Can the court change its judgment under Section 152 CPC?
Answer:
No. Section 152 CPC allows only the correction of accidental or clerical errors. It does not permit the court to change the substance of its decision.
Is there a time limit for correcting errors under Section 152 CPC?
Answer:
No. The court may correct eligible mistakes at any time.
Why is Section 152 CPC important?
Answer:
Section 152 CPC ensures that judgments, decrees, and orders remain accurate. It also prevents minor mistakes from causing unnecessary legal disputes.
Conclusion
Section 152 CPC plays an important role in maintaining the accuracy of judicial records. It allows courts to correct clerical, arithmetical, and accidental errors without changing the substance of the original decision. Consequently, the provision prevents unnecessary litigation over minor mistakes and supports the smooth execution of court orders. By preserving accuracy and promoting procedural efficiency, Section 152 CPC strengthens the administration of civil justice.
