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cyberlawyer (barrister)     26 April 2013

Courts power to correct its order

Hello members

In an application filed by me, the court inadvertently ordered notice to a party who is set exparte already. Under what provisions can the JUDGE correct this error. The matter is posted for clarification and judge himself lacks knowledge on how to deal this situation. 

Eg:

The application is filed in  an application (eg. I.A 456 in I.A 123 ).  The respondent is set exparte in the original application ie., I.A 123.  The fact that the respondent is set exparte in the original application is not stated in the child application i.e., I.A 456.  

Please englighten as to how this error can be corrected ? . Is withdrawing the application (IA 456) with liberty to file fresh application is the only route, or the court can invoke the  powers of sec. 151/152/153 in the exercise of its suo moto discretionary inherent juirsidction to correct this error ?. 

Thanks a lot in advance...



Learning

 7 Replies


(Guest)

@Querist,

 

No court has the power to correct it's judgement delivered. Only grammatical or typo mistakes can be corrected. I think revision of the judgement can be a solution to this problem.


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

adv. rajeev ( rajoo ) (practicing advocate)     27 April 2013

Even mere submission before the court is more than sufficient to correct itz mistake  

cyberlawyer (barrister)     27 April 2013

@newS_Know!!! :

Court has powers to correct its judgments and orders suo moto by virtue of sec. 153 of CPC. It can do so for errors, accidental slip or omission. But i am unsure as to the orders passed in the middle of disposing the application, whether this power can be exercised, because the above provision says only orders and not final orders. Every thing written in the docket sheet of the application/suit is an order.

The mistake can be inadvertance of the judge or mistake of the counsel. 

 

@adv.rajeev 

Sir, i have already argued that this error can be rectified, but the judge lacks knowledge and she has posted the matter for clarificaiton. Is there any other alternative ?

 


(Guest)

@Querist,

 

I disagree with your above notion.Let me elaborate on this matter.

 

Firstly,I would like to cite the sections which you mentioned.

 

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.


153. General power to amend? The Court may at any time and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit, and all necessary amendments shall be made of the purpose of determining the real question or issue raised by or depending on such proceeding.


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.

 

Instruction as to how to read above highlighted words for the purpose of interpretation.

 

1.In the paragraph,mentioning the section 152, please notice the red highlighted section which says as to which type of error can be corrected.

 

2.In the paragraph,mentioning the section 153,please notice the red highlighted section which needs special emphasis along with the blue highlighed section.It says where the error can be corrected.It's not an order but rather error committed during a proceedings can be corrected.

 

3.The third paragraph is self explantory.

 

Therefore,In light of the above words,I shall stand by my previous reply to your question.


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

cyberlawyer (barrister)     29 April 2013

In my opinion these provisions cannot be construed patently just in accordance to the wordings in the provisions alone. The intention of the legislature is to be taken into account. 

"...Or errors arising from accidental slip or omission"  : I hope that my case would fall under this category. 

For instance, res judicata says only applicability to suit, issues or proceedings, but it never says applications. Does that mean that it doesnt apply to applications and one can file several applications of the same nature without any liberty to file the same. on a side note, it is well known that this provision does not apply to applications to reopen/recall , impleading, amendment, etc. 

Sec. 153 - When an order is in conflict with another order passed,   is also an error or defect which can be corrected either suo moto or on application by parties. 

PROCEEDINGS: The steps or measures taken in the course of an action, including all that are taken. The proceedings of a suit embrace all matters that occur in its progress judicially.

The above meaning is self explanatory. 

Other members can opine.


(Guest)
Originally posted by : javid Nazeem


In my opinion these provisions cannot be construed patently just in accordance to the wordings in the provisions alone. The intention of the legislature is to be taken into account. 

"...Or errors arising from accidental slip or omission"  : I hope that my case would fall under this category. 

 

I think you have missed the important term where the emphasis should be supplied. Let us dissect section 152-

1.Which type of error? Reply-Arithmetical or Clerical

2.Where this type of error may occur?Reply-Judgement,Decree,Order

3.How did this error surface? Reply-By way of accidental slip OR omission

 

IN your Cited case,the error is not of the type of Arithmetical(Figure based)or Clerical(Typo mistakes).



For instance, res judicata says only applicability to suit, issues or proceedings, but it never says applications. Does that mean that it doesnt apply to applications and one can file several applications of the same nature without any liberty to file the same. on a side note, it is well known that this provision does not apply to applications to reopen/recall , impleading, amendment, etc. 

 

Please don't get confused by such easy wordings. Applicability to suit necessarily includes the application.In plain english,where there is an application,there is an applicability.But does Arithmetical or clerical error,seems to you,it gives meaning to all of the errors!?



Sec. 153 - When an order is in conflict with another order passed,   is also an error or defect which can be corrected either suo moto or on application by parties. 

PROCEEDINGS: The steps or measures taken in the course of an action, including all that are taken. The proceedings of a suit embrace all matters that occur in its progress judicially.

The above meaning is self explanatory. 

Other members can opine.

 

If we read the section 153 in plain english and try to dissect it,we may find-

 

1.Which type of error can be corrected?Reply-Any defect or Error

 

2.Where such errors can be found?Reply-At any stage during the proceedings in a suit

 

3.When such error correcting mechanism can be applied?Reply-For determining the real question or issue raised by or depending on such proceedings.

 

With the point number 3,it's evident the proceedings talks about the interlocutory orders.

 

If your case falls within interlocutory order,Section 153 can be applied.

 

If yes, if the case is in appellete court,the court can review it's order.

 

If No,appeal is the only way.

 

[Last Reply to this thread]

Thank you.

cyberlawyer (barrister)     30 April 2013

 

 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. 

Hello Bro. It seems you ignored the word OR.

This provision deals about two types of errors, (1) clerical/arthimatical and (2)errors arising from any accidental slip or omission. 

If the sentence lacks the word  OR in between the two errors i would agree with you without any doubt. But the presence of the  word OR discloses two errors, and it doesnt mean a clerical/arthmatical error which arise from accidental slip or omission. In other words, a clerical/arthimatical error need not necessarily arise from accidental slip or omission. It may even arise otherwise. 

Members, I am' subjecting myself to corrections if any...

Thank you 


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