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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

A decree-holder discovers that the decree, which is yet to be fully executed, wrongly states the amount payable because of an arithmetical mistake in totalling. Which statement is correct under the Code?

The court can correct the arithmetical mistake at any time, either on its own motion or on the application of any party. Section 152 sets no time limit and does not confine the power to appellate courts or to the judgment-debtor.

  1. AThe court may correct it at any time, on its own motion or on a party's applicationCorrect
  2. BIt can be corrected only within 30 days of the decree
  3. CIt can be corrected only by an appellate court
  4. DIt can be corrected only on the application of the judgment-debtor

Explanation

Section 152 permits clerical or arithmetical mistakes, and errors from accidental slip or omission, in judgments, decrees or orders to be corrected at any time by the court, either of its own motion or on a party's application. No time limit, appellate route or restriction to one party exists.

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