Question

Clerical or arithmetical mistakes in judgements, decrees or orders etc. can be corrected

• A. Under Section 151 of CPC
• B. Under Section 152 of CPC
• C. Under Section 153 of CPC
• D. Under Section 153 A of CPC

Hint:

Remember the hierarchy of legal provisions. When a specific section (like S. 152 for clerical errors) exists, it should be applied instead of a general power (like S. 151 inherent powers). General powers are invoked only when no specific provision is available.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks for the specific provision in the Code of Civil Procedure (CPC) that allows for the correction of clerical or arithmetical errors in court judgments, decrees, or orders.

Step 2: Key Legal Provision:
Part VII of the CPC contains miscellaneous provisions, including sections for correcting errors.

Step 3: Detailed Explanation:
- Section 152 of CPC is titled "Amendment of judgments, decrees or orders." It explicitly states that "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." This section is based on the principle that the court's intention should not be defeated by accidental slips or omissions. This directly answers the question.
- Section 151 of CPC deals with the inherent powers of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. While it's a broad power, Section 152 is the specific provision for clerical errors.
- Section 153 of CPC gives the court a general power to amend any defect or error in any proceeding in a suit.
- Section 153A of CPC relates to the power to amend a decree or order where an appeal is summarily dismissed.

Step 4: Final Answer:
Clerical or arithmetical mistakes in judgements, decrees or orders can be corrected under Section 152 of the CPC.