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Union of India - Section

Section 153A in The Code of Civil Procedure, 1908

153A. [ Power to amend decree or order where appeal is summarily dismissed

Where an Appellate Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to amend, under section 152, the decree or order appealed against may be exercised by the Court which had 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.