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CS Professional · Drafting, Pleadings and Appearances · Pleadings

Anita Constructions obtained a decree against Rao Builders for Rs 4,50,000. The drawn-up decree mistakenly records the amount as Rs 40,500 because of a typing slip, though the judgment states Rs 4,50,000. Three years later Anita applies for correction. What is the position under the Code of Civil Procedure, 1908?

The court can correct the error at any time. Section 152 allows clerical or arithmetical mistakes and accidental slips in decrees to be corrected by the court, either on its own motion or on a party's application, so the three-year delay is no obstacle.

  1. AThe court may correct the clerical or arithmetical mistake at any time, on its own motion or on a party's applicationCorrect
  2. BCorrection is barred because three years have passed
  3. CCorrection is possible only through a fresh suit
  4. DCorrection is possible only by the appellate court

Explanation

Section 152 permits correction of clerical or arithmetical mistakes in judgments, decrees or orders, and errors from accidental slip or omission, at any time, by the court on its own motion or on a party's application. Delay does not bar it, so the time-bar option is wrong.

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