No doubt, the Courts have inherent powers under section 151 C.P.C., to make such orders as may be necessary to meet the ends of justice or to prevent the abuse of the process of the Court but the said powers are to be exercised to secure the ends of justice.
Admittedly Section 152 C.P.C., gives an authority to the Court to correct the clerical or arithmetical mistakes even of its own motion as none should suffer due to mistake of the Court.
Judgment is verdict or decision of the Court usually recorded after recording the evidence and hearing the contesting parties. It is a conclusive judicial determination of rights of parties in any legal proceedings. Decree, is formal expression of opinion of the Court, it follows the judgment. When conclusion of the Court is translated into executable form, it is reflected in the “decree”. Decree must be drawn in consonance and in conformity with decision of the Court. Order XX Rule 6 C.P.C. defines contents of decree.
On reading Rule 6 of Order XX of C.P.C., it is but clear that, the decree should be in accordance and in conformity with the judgment. Decree in fact is will of the Court. It is true reflection of the judicial determination of rights of the parties made by the Court. It is the decree that is executed or implemented. It is duty of the Court, while drawing the decree, to specify clearly the relief granted or other determination of rights of the parties in the suit so as to make it conformity with the will of the Court capable of enforcement.
The Court has the powers under Section 152 C.P.C., to amend the orders or decrees, to remove, inter-alia, errors arising therein, from any accidental slip or omission and this power can, in express terms of the Section be exercised at any time. The plain reading of Section, leaves no doubt whatsoever, that the power conferred on the Court, if the case falls within the purview of the provisions, can be exercised at any time and it has accordingly been held that there is no time limit for entertaining an application in that behalf. Also it is apparent that the power can be exercised suo motu. It has however, been held that the fact that powers of Court under Section 152 C.P.C., are unlimited does not mean that they will be exercised in all cases in which an application for their exercise is made. The exercise of power will depend on the circumstances of each case. The power is, therefore, discretionary with the Court, although normally where the provision of section 152 C.P.C., are attracted it will order amendment, unless it is inequitable to do so.
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, it is only where the slip or omission as accidental or unintentionally 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. However, where slip or omission is intentional and deliberate, it could only be remedied or corrected by way of review if permissible or in appeal or revision as the case may be.
Civil Revision No.1499 of 2012
(Muhammad Hussain, etc. Versus Ali Muhammad, etc.)
2024 LHC 5288
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