⚖ Part XI · Miscellaneous — Map (§§132–158 overview) ↗

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

Section 153 — General power to amend

Substance over technicality. The Court may, at any time and on such terms as to costs as it thinks fit, amend any defect or error in any proceeding in a suit. And it goes further — all necessary amendments shall be made for the purpose of determining the real question or issue in the case. A technical flaw should not defeat the merits.

§ 153

How to read Section 153

A wide power

The Court may amend any defect or error in any proceeding in a suit — at any time, on such terms as to costs as it sees fit.

A duty too

It is not only a power: all necessary amendments shall be made — the Court must make those that the case needs.

For the real issue

The aim is to determine the real question or issue — so a case is decided on its merits, not lost to a technical defect.

The bare Act

Section 153 · verbatim

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 for the purpose of determining the real question or issue raised by or depending on such proceeding.

In short: the Court has a broad power — and a duty — to correct defects or errors in any proceeding in a suit, so the case is decided on what really matters, not derailed by a procedural slip.

→ § 153 is the Code’s general curative power. Where § 152 mends an accidental slip in a judgment, decree or order, § 153 reaches any defect or error in any proceeding — the wider category. Its second limb is mandatory (“shall”): the Court must make whatever amendment is needed to get at the real question or issue — the statutory expression of substance over form.

Key terms decoded

Any defect or error

A flaw or mistake in the proceeding — in a process, pleading or step — that the Court may put right.

Any proceeding in a suit

Broad: any step or document in the suit. Wider than § 152’s judgments / decrees / orders.

On such terms as to costs

The Court may attach conditions — usually costs to the other side — when allowing the amendment.

At any time

No limitation — the power may be used at any stage of the suit.

All necessary amendments shall be made

A duty — the Court must make every amendment needed to reach the real question, not merely may.

Real question or issue

The substance of the dispute — what the case is truly about. Technicalities yield to it.

The picture — cure the defect, decide the real issue

§ 153 is the engine of the Code’s preference for deciding the dispute: the Court can repair a defective proceeding at any stage, and must make whatever amendment is needed so the case turns on its true question — not on a curable mistake.

Part by part — the one sentence

the power

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…

A discretionary, wide power — any defect or error, any proceeding, at any time, on terms (usually costs).

the duty

…and all necessary amendments shall be made…

The second limb is mandatory (“shall”): the Court must make every amendment the case needs.

the purpose

…for the purpose of determining the real question or issue raised by or depending on such proceeding.

The goal is always the real question — the case decided on its merits, not on a technical flaw.

§ 152 and § 153 — how they differ

Two correction powers, different reach

Both serve substance over form — but they cover different ground.

§ 152 — the slip rule

what it touchesJudgments, decrees or orders.

what it curesClerical / arithmetical mistakes & accidental slips / omissions only.

natureMakes the record reflect the Court’s true decision.

§ 153 — general power

what it touchesAny proceeding in a suit (wider).

what it curesAny defect or error in that proceeding.

naturePower and duty to amend so the real question is decided.

In short: § 152 is the narrow, specific slip rule for the final record; § 153 is the broad, general power to repair the proceeding itself — both keeping technicality from defeating justice.

Connected provisions

Section 153 is the general amendment power in Part XI’s correction group. It complements the specific slip rule (§ 152) and the rule-based amendment of pleadings (Order VI, rule 17) — all directed at deciding the real controversy.

§ 152 ←Amendment of judgments, decrees or orders. (Previous section.)

§ 153A →Amendment where an appeal is summarily dismissed. (Next section.)

Order VI r. 17Amendment of pleadings — the rule-based counterpart.

⚖ Part XI MapMiscellaneous §§ 132–158.

Test yourself

1 What may the Court amend under § 153, and on what terms? — Any defect or error in any proceeding in a suit — at any time, on such terms as to costs or otherwise as it thinks fit.

2 Is the second limb a power or a duty? — A duty — “all necessary amendments shall be made” to determine the real question or issue.

3 How does § 153 differ from § 152? — § 152 corrects accidental slips in judgments / decrees / orders; § 153 is the wider power to amend any defect or error in any proceeding.

Part XI · Miscellaneous · Section 153 — General power to amend.