Sections 153A and 153B of the Code of Civil Procedure, 1908
Section 153A allows the Court of first instance to exercise the Section 152 correction power where an appeal has been summarily dismissed under Order XLI Rule 11. Section 153B provides that the place where a Civil Court tries a suit is deemed to be an open Court, subject to the presiding Judge's power to restrict access in an appropriate case.
Section 153A CPC - Power to amend decree or order where appeal is summarily dismissed
Where an Appellate Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to amend, under section 152, the decree or order appealed against may be exercised by the Court which had passed the decree or order in the first instance, notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order, as the case may be, passed by the Court of first instance.
What Section 153A CPC means
Section 153A preserves the corrective jurisdiction of the Court of first instance even after an appeal has been summarily dismissed under Order XLI Rule 11. The fact that such dismissal confirms the decree or order does not prevent the original Court from exercising the limited correction power available under Section 152.
Section 153B CPC - Place of trial to be deemed to be open Court
The place in which any Civil Court is held for the purpose of trying any suit shall be deemed to be an open Court, to which the public generally may have access so far as the same can conveniently contain them:
Provided that the presiding Judge may, if he thinks fit, order at any stage of any inquiry into or trial of any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.
What Section 153B CPC means
Section 153B establishes the general rule of open access to civil trials, limited by the physical capacity of the place where the Court is held. It also expressly permits the presiding Judge, where considered appropriate in a particular inquiry or trial, to exclude the public generally or a particular person from the courtroom or building.