Section 152 CPC — Amendment of Judgments, Decrees or Orders

Introduction

Section 152 of the Code of Civil Procedure, 1908 provides a limited power to correct clerical or arithmetical mistakes in judgments, decrees and orders, as well as errors arising from an accidental slip or omission.

The provision is intended to correct an existing decision where the mistake is accidental or merely formal. It is not a mechanism for changing the substance of a judgment or reconsidering the merits of a case.

The distinction is important: correction of an accidental mistake is different from review or alteration of a judicial decision.

Section at a Glance

Particular	Details
Section	Section 152 CPC
Subject	Amendment of judgments, decrees or orders
Nature	Procedural
Main purpose	Correction of clerical, arithmetical and accidental errors
Who can act	Court on its own motion or on application of a party
When	At any time
Major limitation	Cannot be used to change the substantive decision or merits of the case

Statutory Provision

Section 152 CPC provides that clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising from an accidental slip or omission, may at any time be corrected by the court:

• on its own motion; or
• on the application of any party.

The provision is therefore concerned with correcting mistakes in the formal expression of a decision, rather than changing the decision itself.

Meaning of Section 152 CPC

In simple terms, Section 152 allows a court to correct a mistake that occurred accidentally while recording or preparing its judgment, decree or order.

For example, suppose a judgment correctly determines that the defendant must pay ₹5,00,000, but the decree accidentally records the amount as ₹50,000. If the error is genuinely clerical or accidental, Section 152 can be used to correct it.

The court is not deciding the case again. It is simply ensuring that the formal judgment, decree or order correctly reflects what was actually decided.

Purpose and Object of Section 152

The provision exists to ensure that a genuine accidental error in a court’s formal record does not continue merely because the judgment has already been pronounced.

Its purposes include:

• correcting clerical mistakes;
• correcting arithmetical mistakes;
• correcting accidental slips;
• correcting accidental omissions;
• ensuring that the decree or order accurately reflects the court’s actual decision.

The provision therefore promotes accuracy without permitting the court to reopen the merits of the case.

Essential Requirements of Section 152 CPC

1. There must be a mistake or omission covered by the Section

The mistake must fall within one of the recognised categories:

• clerical mistake;
• arithmetical mistake; or
• error arising from an accidental slip or omission.

2. The mistake must be accidental in nature

Section 152 is concerned with an error that occurred accidentally.

An omission that represents a deliberate judicial decision cannot ordinarily be converted into an “accidental omission” merely because a party is dissatisfied with the result.

3. The correction must not alter the substantive decision

The court may correct the expression of its decision, but it cannot use Section 152 to arrive at a different judicial conclusion.

4. The correction can be made by the court itself or on application

The court may act:

• suo motu, or
• on an application made by any party.

5. The correction may be made at any time

The Section expressly permits such corrections “at any time”, subject to the nature of the correction falling within Section 152.

What Types of Errors Can Be Corrected?

Clerical Mistake

A clerical mistake is generally an error arising from the mechanical or formal process of recording the court’s decision.

Example: The judgment consistently refers to “A” as the plaintiff, but the decree accidentally identifies “B” as the plaintiff.

Arithmetical Mistake

An arithmetical mistake involves an incorrect calculation or numerical error.

Example: The court correctly determines three amounts as ₹10,000, ₹20,000 and ₹30,000, but the decree mistakenly records their total as ₹50,000 instead of ₹60,000.

Accidental Slip or Omission

This covers an accidental error or omission occurring in the expression of the decision.

The crucial requirement is that the omission must actually be accidental.

An omission resulting from the court’s conscious determination of an issue is not ordinarily an accidental omission.

How Section 152 CPC Operates

The provision can be understood in five stages:

1. A mistake is identified in a judgment, decree or order.
2. The court determines whether it is clerical, arithmetical or the result of an accidental slip or omission.
3. The court examines whether the proposed correction merely gives effect to the decision already made.
4. The court makes the correction either on its own motion or on the application of a party.
5. The corrected judgment, decree or order then accurately records the court’s decision.

The Most Important Limitation

The central rule is:

Section 152 cannot be used to change the substance or merits of a judgment, decree or order.

A court cannot use Section 152 to reconsider a question that it has already judicially determined.

If a party believes that the court made a substantive legal or factual error, the appropriate remedy may lie in appeal, review, revision or another remedy recognised by law, depending on the circumstances.

Section 152 is therefore a correction provision, not a reconsideration provision.

Section 152 Is Not a Power of Review

This distinction is extremely important for examinations.

Section 152	Review
Corrects specified accidental or formal errors	Reconsiders a judgment within the statutory limits of review
Deals with clerical, arithmetical or accidental errors	Can address grounds recognised for review
Does not permit reconsideration of merits	May result in alteration of the substantive decision where review is legally justified
Limited corrective jurisdiction	Statutory review jurisdiction

The Supreme Court has repeatedly held that the power under Section 152 cannot be equated with the power of review.

Judicial Interpretation

Dwaraka Das v. State of Madhya Pradesh, (1999) 3 SCC 500

Principle: Section 152 is intended to correct clerical or arithmetical mistakes and errors arising from accidental slip or omission. It cannot be used to pass a new substantive judicial order after the judgment has been delivered.

The Supreme Court emphasised that an omission affecting the merits of the case falls outside Section 152. If a party seeks a substantive alteration of the decision, the appropriate remedy must be pursued under the applicable appellate or review framework.

Relevance: This is one of the leading authorities for understanding the limited scope of Section 152.

State of Punjab v. Darshan Singh, (2003) Supp 4 SCR 1043

Principle: Section 152 permits correction of clerical or arithmetical mistakes and accidental omissions, but it does not authorise the court to modify the substantive terms of its judgment merely because it later considers the original decision erroneous.

The Supreme Court distinguished an accidental omission from an omission that goes to the merits of the case.

Relevance: The case is particularly important for the principle that Section 152 cannot be used as a substitute for review.

Jaya Lakshmi Coelho v. Oswald Joseph Coelho, (2001) 4 SCC 181

Principle: Section 152 can be used to correct an accidental omission or mistake where the correction does not amount to altering the substantive adjudication.

Relevance: The decision helps explain the distinction between correcting an accidental omission and changing the judgment itself.

Practical Examples

Example 1 — Arithmetical error

A court calculates the compensation payable as ₹12,50,000, but due to a mathematical error the decree records ₹12,05,000.

If the mistake is genuinely arithmetical, Section 152 can be invoked to correct it.

Example 2 — Typographical error

The judgment awards the property to “Plaintiff A”, but the decree accidentally mentions “Plaintiff B” because of a typing mistake.

If the surrounding judgment makes the intended decision clear, Section 152 may be used to correct the error.

Example 3 — Substantive omission

The plaintiff had claimed interest, but the court consciously considered the claim and decided not to award it.

The plaintiff cannot ordinarily use Section 152 to argue that the failure to award interest was an “accidental omission” merely because the plaintiff disagrees with the decision.

That would require reconsideration of the merits rather than correction of an accidental error.

Section 152 and Section 151 CPC

Sections 151 and 152 are closely related but should not be treated as interchangeable.

Section 151	Section 152
Saves inherent powers of the court	Provides a specific power of correction
Concerned with ends of justice and prevention of abuse of process	Concerned with specified errors in judgments, decrees and orders
Broad inherent jurisdiction, subject to limitations	Narrow statutory corrective power
Cannot override express provisions	Cannot be used to alter the merits

The existence of Section 151 does not permit the court to use inherent powers to achieve indirectly what Section 152 itself does not permit.

Section 152 and Section 153 CPC

Section 153 gives the court a general power to amend defects or errors in proceedings in a suit.

Section 152, by contrast, specifically concerns judgments, decrees and orders and the particular categories of mistakes identified in that provision.

The distinction is useful because Section 152 is not a general power to amend anything appearing in a civil proceeding.

Section 152 and Pleadings

Section 152 is concerned with judgments, decrees and orders.

It should not be treated as the general mechanism for correcting mistakes in pleadings.

For amendments to pleadings, the relevant provisions of the CPC, including Order VI Rule 17, may become applicable depending on the circumstances.

Can Section 152 Be Used After an Appeal?

The existence of an appeal does not automatically eliminate every possibility of correction under Section 152.

The CPC also contains Section 153-A, which specifically addresses the power to amend a decree or order in circumstances where an appeal has been summarily dismissed.

The important principle remains that the correction must still fall within the permissible scope of Section 152. The provision cannot be used to make a substantive alteration merely because an appeal has been dismissed.

Practical Importance in Civil Litigation

Section 152 is useful when a judgment or decree contains an obvious formal or accidental error.

Before filing an application, the advocate should identify:

• the exact mistake;
• whether it is clerical or arithmetical;
• whether it arose from an accidental slip or omission;
• whether the proposed correction merely reflects the decision already reached;
• whether the application is actually seeking a substantive change.

The last question is particularly important. If the proposed amendment changes the rights or liabilities determined by the court, Section 152 may not be the appropriate remedy.

Common Confusions

Is every mistake in a judgment covered by Section 152?

No.

Only clerical or arithmetical mistakes and errors arising from accidental slip or omission fall within the provision.

Can the court change its decision under Section 152?

No.

The court cannot use Section 152 to reconsider the merits or substantially alter its earlier adjudication.

Is Section 152 the same as review?

No.

Section 152 is a limited corrective power, whereas review operates under a separate statutory framework.

Can a party use Section 152 simply because the court made a legal error?

Ordinarily, no.

A substantive legal error is not automatically an accidental slip or clerical mistake. The appropriate remedy depends on the circumstances and the applicable appellate or review provisions.

Can the court correct an error on its own?

Yes.

The Section expressly permits the court to act on its own motion or on the application of a party.

Importance for Law Students and Judiciary Exams

The core examination issue is the distinction between correction and reconsideration.

What to Remember

• Section 152 deals with judgments, decrees and orders.
• It covers clerical mistakes.
• It covers arithmetical mistakes.
• It covers errors arising from accidental slip or omission.
• The court may act suo motu or on the application of a party.
• The correction may be made at any time.
• Section 152 cannot be used to alter the merits of the judgment.
• It is not equivalent to review.
• A substantive error ordinarily requires another legally recognised remedy.

Important Questions to Prepare

1. What is the object of Section 152 CPC?
2. What kinds of mistakes can be corrected under Section 152?
3. Can Section 152 be used to alter the merits of a judgment?
4. Distinguish Section 152 from review.
5. What is meant by an “accidental slip or omission”?
6. Can a court exercise its power under Section 152 suo motu?
7. Explain the decision in Dwaraka Das v. State of Madhya Pradesh.
8. Distinguish Section 152 from Section 151 CPC.
9. Can an omission affecting the merits of a case be corrected under Section 152?

Key Legal Principles

1. Section 152 is a corrective power

It exists to correct specified mistakes in judgments, decrees and orders.

2. The mistake must fall within the statutory categories

The provision covers clerical mistakes, arithmetical mistakes and errors arising from accidental slip or omission.

3. Accidental omission is different from deliberate adjudication

An omission that results from the court’s conscious decision on an issue cannot ordinarily be treated as an accidental omission.

4. Section 152 cannot alter the merits

The provision cannot be used to modify the substantive result of a case.

5. Section 152 is not review

A court cannot use Section 152 as a disguised method of reconsidering its judgment.

6. The court can act suo motu

The power may be exercised by the court on its own motion or upon application by a party.

Key Takeaways

Concept	Principle
Section	Section 152 CPC
Subject	Amendment of judgments, decrees or orders
Correctable errors	Clerical, arithmetical and accidental slip or omission
Who may initiate	Court itself or any party
Timing	At any time
Main limitation	Cannot alter the substantive merits
Not equivalent to	Review
Leading case	Dwaraka Das v. State of Madhya Pradesh

ALSO READ: Section 150 – Transfer of Proceedings

Conclusion

Section 152 CPC provides a narrow but useful mechanism for ensuring that judgments, decrees and orders accurately record what the court has actually decided. Its purpose is correction, not reconsideration.

The easiest way to remember the provision is:

Section 152 corrects an accidental error; it does not permit the court to rewrite its judgment.