An application under Section 152 read with Section 151 of the Civil Procedure Code (CPC) is typically filed for correction of clerical or arithmetical mistakes or errors arising from accidental slips or omissions in judgments, decrees, or orders passed by a civil court.
Courts have the power to correct clerical or arithmetical mistakes in judgments, decrees, or orders or errors arising therein from accidental slips or omissions.
Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.
IN THE COURT OF LEARNED CIVIL JUDGE [CITY]
CIVIL SUIT NO. XX OF [YEAR]
____________________ VERSUS ____________________
(suit for_________________________)
APPLICATION UNDER SECTION 152 READ WITH SECTION 151 OF THE CIVIL PROCEDURE CODE, 1908 FOR CORRECTION OF CLERICAL MISTAKE IN THE JUDGMENT/DECREE DATED [DATE]
RESPECTFULLY SUBMITTED:
That this Honorable Court was pleased to decree the suit in favor of the applicant/plaintiff. However, due to an inadvertent clerical/typographical mistake, the [specify error – e.g., name/date/amount/plot number] has been incorrectly recorded as [Incorrect Entry] instead of [Correct Entry] in the judgment and/or decree.
That the said error is purely clerical and has occurred due to accidental slip/omission, which is apparent on the face of the record, and no appeal or review lies on this issue.
That under Section 152 of the Civil Procedure Code, 1908, this Honorable Court has the authority to correct such clerical or arithmetical mistakes or errors arising from accidental slips or omissions.
That Section 151 CPC also empowers this Honorable Court to exercise its inherent powers to do complete justice and to prevent the abuse of the process of the court.
That the correction of the aforementioned mistake is necessary for the proper execution of the decree and to avoid confusion or injustice in the implementation thereof.
That this application is being filed bona fide and in the interest of justice.
PRAYER:
In view of the above, it is most respectfully prayed that this Honorable Court may graciously be pleased to:
Correct the clerical mistake in the judgment and/or decree dated [Date], &
Direct that the entry [Incorrect Entry] be read and construed as [Correct Entry], and
Pass any other order(s) deemed appropriate and just in the circumstances of the case.
Dated: [Date]
Applicant
Through Counsel
(Name of Advocate)
Advocate High Court
