MISCELLANEOUSCentral

Section 153 of The Code of Civil Procedure, 1908

General power to amend.

The Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit ; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.

Summary

This section gives the court a "general power" to fix any defect or error in any part of a lawsuit.
The court can make these fixes at any time during the proceedings.
The court can set terms, such as making a party pay costs, for allowing an amendment (change).
All necessary amendments must be made to help decide the "real question or issue" of the case.
It is meant to ensure cases are decided on their actual merits rather than technical mistakes.

Practical examples

1Ali files a lawsuit but accidentally labels a document with the wrong case number. Under Section 153, the judge allows him to fix the error so the court can focus on the real dispute about his unpaid bills.

2During a trial, it turns out a procedural error was made in the early stages that has nothing to do with the actual facts. The judge uses Section 153 to correct the error and keep the case going so the main question can be answered.

FAQ

1. What is the general power to amend under Section 153 of The Code of Civil Procedure, 1908?

Section 153 of The Code of Civil Procedure, 1908, allows a court to fix any error or defect in a proceeding at any time to ensure the real issue of the case is decided.

2. Can a judge charge a party for fixing a mistake under Section 153 of the 1908 Act?

Yes, under Section 153 of the 1908 Act, the court can allow amendments "on such terms as to costs or otherwise" as it thinks is fair.

3. What is the main goal of making amendments under Section 153 of the Civil Procedure Code?

According to Section 153 of the Civil Procedure Code, the goal is to determine the "real question or issue" raised by the legal proceeding.

Test yourself

1.Under Section 153 of The Code of Civil Procedure, 1908, the court may amend a defect in what?

2.What is the mandatory purpose of amendments under Section 153 of the 1908 Code?

3.When can a court exercise its power to amend under Section 153 of the 1908 Code?

4.Under Section 153 of the 1908 Code, how does the court decide the terms for an amendment?

152PreviousSection 152 Amendment of judgments, decrees or orders.153ANextSection 153A Power to amend decree or order where appeal is summarily dismissed.

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