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CPC, 1908 — Section 152: Amendment of Judgments, Decrees or Orders

CPC, 1908 · Part XI · Miscellaneous (§§132–158)

Section 152 — Amendment of judgments, decrees or orders

The “slip rule”. A clerical or arithmetical mistake, or an error from an accidental slip or omission, in a judgment, decree or order may be corrected at any time by the Court — on its own motion or on a party’s application. It makes the record say what the Court actually meant; it is not a re-hearing of the merits.

§ 152

How to read Section 152

What can be corrected

Clerical or arithmetical mistakes, and errors from an accidental slip or omission, in a judgment, decree or order — the kind of error nobody intended.

When & by whom

At any time — no limitation — by the Court of its own motion or on a party’s application.

The limit

It corrects the record to match the Court’s real decision — it is not a route to reconsider the merits (that is review / appeal).

The bare Act

Section 152 · verbatim

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.

In short: if a judgment, decree or order contains an accidental error — a wrong figure, a slip of the pen, something left out by oversight — the Court can put it right at any time, by itself or on a party’s request, so the record reflects what was truly decided.

→ § 152 embodies the principle that an accidental error should not prejudice a party. The correction must be of a genuine slip — making the order express the Court’s real intention — not a reconsideration of what the Court ought to have decided. For that, the remedies are review (§ 114 / Order XLVII) or appeal. Because it cures only accidents, it may be done at any time, with no limitation.

Key terms decoded

Clerical mistake

A copying / recording error in the order — a wrong name, date, figure or word — not reflecting what the Court decided.

Arithmetical mistake

A calculation error — a wrong sum, total or rate — in the figures of the judgment, decree or order.

Accidental slip or omission

Something left out or mis-stated by oversight — not a considered decision. The hallmark is that it was unintended.

At any time

No limitation period — the correction may be made whenever the error comes to light, even after the decree is drawn up.

Of its own motion or on application

The Court may act suo motu, or on the request of any party — either route is open.

Not a review of merits

§ 152 makes the record speak the Court’s true mind — it does not let the Court change its decision. That needs review or appeal.

The picture — fix the slip, not the decision

Make the record say what the Court meant a JUDGMENT / DECREE / ORDERwith an ACCIDENTAL error:clerical / arithmetical mistake,or an accidental slip / omission corrected the COURT CORRECTS itAT ANY TIME — no limitationof its own motion OR on aparty’s application record nowmatches thetrue decision The limit: § 152 fixes an accidental slip — it does not reconsider the merits.To change the decision itself, the remedy is review (§ 114 / Order XLVII) or appeal.

§ 152 rests on a simple idea: a litigant should not suffer for the Court’s typing slip or sum error. So the Court may align the written order with what it actually decided — any time, by anyone’s prompting — without re-opening the dispute.

Part by part — the one sentence

what

Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission…

Only accidental errors — clerical, arithmetical, or a slip / omission. Not a considered conclusion the Court now regrets.

when

…may at any time be corrected by the Court…

At any time — there is no period of limitation for correcting such a slip.

by whom

…either of its own motion or on the application of any of the parties.

The Court may act suo motu when it notices the error, or on the application of any party.

§ 152 vs review — correction or re-decision?

The line between fixing a slip and re-opening a case

§ 152 mends the record; it does not reconsider the result.

✓ Within § 152
A wrong figure / total in the decree (arithmetical).
A wrong name, date or survey number (clerical).
A relief the Court granted in the judgment but omitted from the decree (accidental slip).
Bringing the written order into line with the Court’s actual decision.
✗ Outside § 152 (need review / appeal)
Re-arguing or changing the decision on the merits.
Adding a relief the Court never decided to grant.
Correcting an error of law or of judgment, not a slip.
Anything that re-opens the dispute between the parties.
The test: does the change make the order say what the Court did decide (✓ § 152), or what it should have decided (✗ review / appeal)?

Connected provisions

Section 152 opens Part XI’s amendment & correction group (§§ 152–153B). It sits beside the general power to amend (§ 153) and is distinct from review (§ 114, Order XLVII), which alone allows a Court to reconsider its decision.

Test yourself
1 What errors does § 152 allow to be corrected? — Clerical or arithmetical mistakes, and errors from an accidental slip or omission, in a judgment, decree or order.
2 When, and at whose instance, may the correction be made? — At any time (no limitation) — by the Court of its own motion or on the application of any party.
3 Can § 152 be used to change the decision itself? — No — it only corrects accidental slips to reflect the Court’s true intention; to alter the decision, use review or appeal.
Part XI · Miscellaneous · Section 152 — Amendment of judgments, decrees or orders.