Section 153A of The Code of Civil Procedure, 1908
Power to amend decree or order where appeal is summarily dismissed.
1[153A. Power to amend decree or order where appeal is summarily dismissed.-- Where an Appellate Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to amend, under section 152, the decree or order appealed against may be exercised by the Court which had passed the decree or order in the first, instance, notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order, as the case may be, passed by the Court of first instance.
Summary
- This section deals with cases where an appeal is summarily dismissed (rejected quickly without a full hearing).
- It clarifies which court can fix clerical (typing) errors after such a dismissal.
- The original court that first decided the case still has the power to fix mistakes under Section 152.
- This applies even if the dismissal of the appeal has the legal effect of confirming the original decision.
Practical examples
FAQ
1. Who can fix a decree if an appeal is summarily dismissed under Section 153A of The Code of Civil Procedure, 1908?
Under Section 153A of The Code of Civil Procedure, 1908, the court that passed the decree in the first instance can still use its power to fix clerical mistakes under Section 152.
2. Does a higher court's dismissal of an appeal prevent corrections under Section 153A of the 1908 Act?
No, Section 153A of the 1908 Act says the first court can still make corrections even if the dismissal confirms the original decision.
3. What specific rule is mentioned in Section 153A of the Civil Procedure Code regarding appeal dismissals?
Section 153A of the Civil Procedure Code refers to appeals dismissed under rule 11 of Order XLI.
Test yourself
1.Under Section 153A of The Code of Civil Procedure, 1908, which court can fix errors after a summary dismissal?
2.Section 153A of the 1908 Code applies when an appeal is dismissed under which rule?
3.Under Section 153A of the 1908 Code, what specific power can the first court use?
4.Does Section 153A of the 1908 Code apply if the appeal dismissal confirms the original decree?
5.If a court's business is transferred under Section 150, and its appeal is later summarily dismissed, which section ensures the new receiving court can still fix math errors?