judgments, decrees.
pratik
(Querist) 12 August 2010
This query is : Resolved
152. Amendment of judgments, decrees or orders.
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.
114. Review.
Subject as aforesaid, any person considering himself aggrieved-
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,
(b) by a decree or order from which no appeal is allowed by this Court, or
(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.
Query : 1) WHat does section 114(d) says pls explain me in detail.
2) Also what is the difference between section 114 & 152 if possible with the help of a aexample(S). So if an mistake that a party has to rectify so he has to apply under the section 114 or 152.
Thanks In Advance.
Chanchal Nag Chowdhury
(Expert) 12 August 2010
The scope of the two sections are completely different.Section 152 CPC gives power to a court to rectify typographical/clerical mistakes only, e.g.,the no. of a premises has been typed wrong or the sum of money decreed has been wrongly given.
Review u/s114 CPC is entirely different. This can be done when a party, for sufficient cause, could not state some new facts at the time of hearing of the case which would have had a bearing on the result of a case. The court in such cases, may entertain the Review & rehear the case.
In a nutshell,152 CPC applies for typographical/clerical mistakes by the court while 114 CPC is resorted to by a party to have the case reheard in the light of new facts.
O. Mahalakshmi
(Expert) 19 August 2010
I am agreeing with chanchal Nag Chowdhury.
