Plain reading of Section 152 CPC it appears that the Court under section 152, C.P.C. is not only competent to correct clerical or arithmetical mistake in the judgment, decree or order but may correct accidental ...................

 Court has jurisdiction to correct the clerical or arithmetical mistakes or errors caused due to accidental slip or omission in a judgment, decree or order. Such power can be exercised at any time. The aim of the procedural provisions is to safeguard the interest of justice instead of defeating the same. It is the basic principle of administration of justice that the Courts are sanctuaries of justice and in exercise of authority to do exdebito justitiae, i.e. to say wrong and to suppress a mischief to which a litigant is entitled.

Plain reading of Section 152 CPC it appears that the Court under section 152, C.P.C. is not only competent to correct clerical or arithmetical mistake in the judgment, decree or order but may correct accidental slip or omission as well. Section 152, C.P.C. can be conveniently divided into two parts. First half of the section provides authority to correct “clerical or arithmetical mistake in the judgment, decree or order”, other half after or provides authority to correct error arising thereon from any accidental slip or omission. Use of word “or” indicates that, such powers to correct are not conjunctive but disjunctive and qualified. To correct clerical or arithmetical mistake, it means when some mistake either in calculation or numerical figures creeps in, which figures could be verified from the record, or where any party, property or fact has been incorrectly described or where some typographical error has crept in. Second half of the Section 152 (ibid) contemplates “error arising thereon from any accidental slip or omission”. Catchword in phrase “accidental slip or omission” as used in section 152, C.P.C. is “accidental”, it qualifies „slip‟ and „omissions‟. Thus it could be said that “accidental slip or omission” as used in section 152 C.P.C. means „to leave out or failure to mention something unintentionally‟. Thus, it could be safely said that it is only where the slip or omission is accidental or unintentional it could be supplemented or added in exercise of jurisdiction conferred under section 152 C.P.C. Such course is provided to foster cause of justice, to suppress mischief and to avoid multiplicity of proceedings.

The law favours adjudication on merits. Technicalities should not be allowed to defeat justice. An act of the Court should not prejudice any party. Technical objection should not come in the way of dispensation of complete and substantial justice.

Writ Petition No.3227 of 2022.
Shabbir Ahmad. Versus Additional District Judge, Multan, etc.
19-01-2023