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Vibhav   22 April 2025

How to seek amendment to a mistake in section 152 cpc corrigendum order?

I would like to know what is the procedure to get errors in the  corrigendum  order itself corrected.

I filed an application under Section 152 of CPC to correct an Interim Order. The Judge issued a Corrigendum Order but he corrected the Order differently than what I had prayed for. However, the Corrigendum Order states that the correction is what I had prayed for.  How do I address this situation?



 7 Replies

T. Kalaiselvan, Advocate (Advocate)     22 April 2025

You cannot correct or rectify the orders passed as corrigendum order, instead you can prefer an appeal against the aggrieved orders.

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Vibhav   23 April 2025

Thank you so much. Can I ask for a clarification on the Order that the corrections not be attributed to me without asking to correct or rectify the order itself.  Is there any provision in CPC that corrigendum itself cannot be rectified? Can the Judge not offer a clarification under Section 151?

 

Dr. J C Vashista (Advocate )     23 April 2025

You have observed a mistake in the order which is stated to have been rectified via a corrigendum, what else do you expect ?

R.K Nanda (Advocate)     23 April 2025

Relief has been granted to you then what else you want. 

Real Soul.... (LEGAL)     23 April 2025

If there is error or mistake apparent on the face order that is visibly clear then you can file review of order before same court. But if you think the order is erroneous then you should file an appeal.

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Vibhav   23 April 2025

@Real Soul... thank you for your response. Can I file an application to clarify that the Corrigendum Order made corrections asked by the opposite party and not the one asked by me, as stated in the Order. I am not asking for changing the correction itself, at this stage?

T. Kalaiselvan, Advocate (Advocate)     24 April 2025

Prepare a formal application to the court outlining the specific error and requesting rectification.

Follow the specific procedures and deadlines outlined in the relevant court rules for filing applications for rectification. 

The court will review the application and supporting documents. 

If the rectification may affect any party, the court may provide an opportunity for that party to be heard before issuing the rectification order. 

If the error is more substantive, you may be able to request a review of the original order, which may allow for a more comprehensive reconsideration of the case. 

If the rectification order is not to your satisfaction, you may be able to appeal the decision to a higher court, depending on the specific court rules and the nature of the error.


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