Application u/s 151,152,153 of CPC
Querist :
Anonymous
(Querist) 23 February 2011
This query is : Resolved
Dear experts please answer my query,
Trial court dismissed the plaintiff case.
Appeal made and High court reversed the decree and granted all claims of plaintiff.
Appeal made by defendant to Supreme court. Leave granted, but appeal dismissed conforming the decree of high court.
1.Now can the plaintiff(respondent in supreme court) apply u/s 151,152,153 of CPC for amend the decree in supreme court?
2. If so where it will be heard, in bench or chamber?
Thanks in advance.
Guest
(Expert) 23 February 2011
The decree can be amended only in trail court (court in which originally proceedings initiated)for the purpose of execution
Parveen Kr. Aggarwal
(Expert) 24 February 2011
A decree cannot be amended under section 151 of the Code of Civil Procedure, 1908 because there are express provision (sections 152) in the Code. Under this provision also, a decree can be amended only if there are clerical or arithmetical mistakes arising from accidental slip or omission.
If any such mistake is to be got rectified, application will have to be made to the Supreme Court, which can rectify the mistake exercising powers under section 152 read with section 107 of the Code.
