Sections 152 and 153 of the Code of Civil Procedure, 1908
Section 152 permits correction of clerical or arithmetical mistakes and accidental slips or omissions in judgments, decrees or orders. Section 153 gives the Court a general power to amend defects or errors in proceedings in a suit so the real question or issue can be determined.
Section 152 CPC - 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.
What Section 152 CPC means
Section 152 allows the Court to correct accidental or mechanical errors in a judgment, decree or order. The power applies to clerical mistakes, arithmetical mistakes and errors arising from an accidental slip or omission.
The correction may be made at any time, either by the Court on its own motion or on an application by a party. The provision is directed at correcting the expression of the Court's decision rather than reopening the merits of the decision itself.
Section 153 CPC - General power to amend
The Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.
What Section 153 CPC means
Section 153 gives the Court a broad procedural power to correct a defect or error in a proceeding in a suit. The Court may impose appropriate terms, including terms as to costs, when allowing an amendment.
The statutory objective is to ensure that necessary amendments are made so that the real question or issue raised by or depending on the proceeding can be determined.