Law: Civil Procedure Code (V of 1908)

Section: S. 151

(a) Civil Procedure Code (V of 1908)----   ---- S. 151-Judgment deciding points trot put into issues-Party against whom judgment is passed may lodge appeal or file review petition or apply for amend ment of decree under Ss. 151, 152 and 153, C. P. C.   Sank Nand v. Jhangi Ram A I R 1932 Lah. 238 ; Mst. Santi v. Mulkh Raj A I R 1937 Lah. 894 ; Kala Mia v. Sreemati Tajinnessa P L D 1952 Dacca.43 ; Raje Udajiram v. Rajeshwar Trimbakaro A I R 1928 Nag. 149 (1) and S. M. Bose v. Hafiz Muhammad Fateh Nasib A I R 1934 Cal. 623 ref.   (b) Civil Procedure Code (V of 1908)----   ---- S. 151-Application competent within 3 years under Article 181, Limitation Act (IX of 1908).   (c) Civil Procedure Code (V of 1908)-----   --- Ss. 152, 153-Scope.   Sections 152 and 153 of the Code of Civil Procedure make it clear that even after a Court has disposed of a suit, it can exercise powers under those sections and indeed a part of section 152 of the Code of Civil Procedure could come into play only after a suit, in the proceedings of which correction is sought, has been disposed of, because till a suit is disposed of, there is neither a judgment nor a decree in that suit except in those cases in which a preliminary decree has to precede the final decree as in cases for accounts. Sections 152 and 153 of the Code of Civil Procedure confer powers on Courts to make necessary corrections in their proceedings, orders, judgments and decrees, which powers are unlimited by the law of limitation or in any other manner, and those powers can be exercised even if no application in that behalf has been made to the Court.   The fact, however, that the powers of Court under sections 152 and 153 of the Code of Civil Procedure to make necessary corrections in its proceedings, orders, judgments and decrees are unlimited does not mean that they will be exercised in all cases in which an application for their exercise is made and it need hardly be emphasised that whether or not those powers should be exercised will depend on the circumstances of each case. If, for example, a party complaining against a mistake in a proceeding, order, judgment or decree of a Court…