Code
Section 153A. 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.
Explanation of Section 153A CPC
Section 153A CPC removes any doubt about the authority of the trial court to correct its own decree or order after a summary dismissal of an appeal.
Normally, when an appellate court dismisses an appeal under Order XLI Rule 11, the decree of the trial court stands confirmed. However, this confirmation does not prevent the trial court from correcting clerical, arithmetical, or accidental errors under Section 152 CPC.
The purpose of this provision is to maintain accurate court records. It ensures that minor mistakes do not remain uncorrected simply because an appeal was dismissed at the preliminary stage.
The power under Section 153A CPC applies only to amendments that Section 152 permits. Therefore, the trial court cannot change the substance of its judgment or alter the rights of the parties. It may correct only accidental slips, typing errors, calculation mistakes, or similar defects.
This provision also promotes judicial efficiency. Instead of requiring parties to approach the appellate court for minor corrections, it allows the court that originally passed the decree to make the necessary amendments.
As a result, Section 153A CPC supports the smooth administration of justice while preserving the finality of judicial decisions.
Illustration
A trial court passes a money decree in favour of the plaintiff. The defendant files an appeal, but the appellate court dismisses it at the admission stage under Order XLI Rule 11.
Later, the plaintiff discovers that the decree contains a typographical error in the amount awarded. The plaintiff applies before the trial court for correction under Section 152 CPC.
Although the appeal has already been dismissed, the trial court corrects the clerical mistake because Section 153A CPC preserves its authority to make such amendments.
Common Questions and Answers
What is Section 153A CPC?
Answer:
Section 153A CPC allows the trial court to amend its decree or order under Section 152 CPC even after the appellate court has summarily dismissed an appeal under Order XLI Rule 11.
Why is Section 153A CPC important?
Answer:
The section ensures that clerical and accidental errors can still be corrected after a summary dismissal of an appeal. It improves the accuracy of court records without affecting the final decision.
Can the trial court change the merits of its judgment under Section 153A CPC?
Answer:
No. The trial court can correct only clerical, arithmetical, or accidental errors. It cannot alter the substance of the judgment or modify the rights of the parties.
Does the dismissal of an appeal remove the trial court’s power to correct mistakes?
Answer:
No. Section 153A CPC specifically preserves the trial court’s power to make corrections under Section 152 CPC despite the summary dismissal of the appeal.
Which type of appeal does Section 153A CPC apply to?
Answer:
It applies when the appellate court dismisses an appeal summarily under Order XLI Rule 11 of the Civil Procedure Code.
Conclusion
Section 153A CPC ensures that a trial court retains the authority to correct clerical and accidental errors in its decree or order even after an appellate court summarily dismisses an appeal. The provision safeguards the accuracy of judicial records without affecting the final outcome of the case. By allowing limited amendments under Section 152 CPC, Section 153A CPC promotes procedural efficiency, legal certainty, and the proper administration of civil justice.
