Section 152 in The Code of Civil Procedure, 1908
152. Amendment of judgments, decrees or orders .-
Clerical or arithmetical mistakes in judgments, decrees or orders
with Section 189 of Ceylon code dealing with
Section 189 of cyclone code corresponding to Section 152 CPC has laid down
similar principle ... corrected by resort Section 189 of Ceylon code corresponding to Section 152
CPC. The Privy Council negatived the plea and held
Angle Infrastructure Pvt.Ltd. vs Ashok Manchanda & Ors.` on 9 March, 2016
Author: Gita
petitioner thereafter instead of filing a petition under Section 152, Civil Procedure Code filed an application under Section 47 of the said Code before ... Civil Procedure Code by a properly constituted petition for supplying the omission. Instead of doing so, he filed an application under Section 47 , Civil Procedure
exercising my powers under Section 115 of the Code of Civil Procedure and Article 227 of the Constitution of India.
15. I am therefore ... empowered to correct the mistake under Sections 151 and 152 of the Code of Civil Procedure. An argument was advanced by Mr. Rajendran that under
application were
rejected at the threshold, as the powers under Section
152 CPC to make corrections were to be exercised either ... locus standi
need not detain us, since the power
under Section 152 CPC, inheres in the
Court, which passed the judgment, to
correct
signed, except under Section 152. When the Code provides a specific provision barring Courts jurisdiction, exercising jurisdiction under Section 151 CPC, it cannot ... contradict the procedure laid down in CPC itself. It is only when no specific provision is available under CPC , then Section
allowing the application of the
land owners under Section 152 of the Code of Civil Procedure, 1908 (here-
in-after referred ... trial Court and also a revision against the order passed under Section
152 Cr.P.C. The High Court partly allowed the appeal by holding
procedure prolongs the life
of litigation and gives rise to avoidable complexities and that the same
can be corrected by Section 152 CPC ... powers of the Court under
Sections 151 & 152 of Code of Civil Procedure held no court can,
under the cover of the aforesaid sections
doubt about the proposition that in terms of
Section 152 CPC, any error occurred in the decree on account
of arithmetical or clerical ... point may be made:
The basis of the provision under Section 152 CPC is
found on the maxim actus curiae neminem gravabit