Amendment of judgments decrees or orders:
Under the provisions of S. 152 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.
The alterations, amendments or corrections, which S. 152 authorizes, are limited by its provisions. They are clerical or arithmetical mistakes in judgments, decrees or orders, and in addition errors arising in judgments, decrees or orders from any accidental slip or omission. (Ramakrishna Chettiar v. Radhakrishnan CheWar, I.L.R. 1948 Mad. 268).
Section 152 is an enabling provision to correct errors of the type mentioned therein. The Court has unlimited power once it finds such errors and it is the imperative duty of the court to correct them forthwith. (The Assam Tea Corporation Ltd. v. Narayan Singh, A.I.R. 1981 Gauhati, 41).
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Power to amend decree or order where appeal is summarily dismissed:
ADVERTISEMENTS:
Under the provisions of S. 153-A introduced by the Amendment Act. 1976, where an appellate court dismisses an appeal under R. 11 of O. 41, the power of the court to amend under S. 152 the decree or order appealed against may be: exercised by the court which has 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.