The Courts are being vested with many vast powers for the better and fair exercise of judicial powers in dealing with cases. Certain Sections in the Code of Civil Procedure(hereinafter referred as CPC) specifically deals with such inherent powers of the Court. Any party can at their instance pray to the Court to exercise these powers or the Court can by its own motion exercise theser powers. One of such power is the power to correct errors in Judgement, orders etc.
Sections 152, 153 and 153A of the CPC deals with power of correction of errors by the Court. A suit moves through different phases viz, the trial, hearing, adjudication or judgement, decree, appeal etc. The inherent power of the Court under the above sections is so vast that the Court can exercise these powers at any stage of the suit.
If any clerical or arithmetical mistake occurs or any error arises due to any accidental slip or omission in any judgement, decree or order, it can be corrected by the same Court either at its own motion or on application by the party in that behalf at any time.[See Section 152]
If the Court or any party sees any defect or error in any proceeding in a suit, then the Court may amend any such defect or error at any time. It shall make all necessary amendments for the purpose of determining the real question or issue raised by or depending such proceeding.[See Section 153]
It has been laid down by many Courts that a petition to amend the decree is maintainable even after confirmation of the decree by the Appellate Court. There is no time limit for this. It may be noted that these rights does not in any way empower the Court to have a second thought over the matter and find a better order or decree.

Post a Comment

Do not use abusive language