Justa Falsa

Justa Falsa

An Amendment may be allowed at any stage of the proceedings even after trial but not after judgment, except on appeal, evidently refers to a material and substantial amendment of pleading.

The correction of an error need not always amount to an amendment of a pleading.

The Supreme Court in Samarendra v. Krishna Kumar, AIR 1967 SC 1440 held that –

“It is well settled that there is an inherent power in the court which passed the judgment to correct a clerical mistake or an error arising from an accidental slip or omission and to vary its judgment so as to give effect to its meaning and intention.”

Bowen L. J., in Mellor v. Swire, 1885 (3)0 Ch.D.289, said that “Every Court has inherent power over its own records so long as those records are within its power and that it can set right any mistake in them. An order even when passed and entered may be amended by the Court so as to carry out its intention and express the meaning of the court when the order was made.”

It is true that under Order 20, Rule 3 of CPC once a judgment is signed by the Judge it cannot be altered or added to but the rule expressly provides that a correction can be made under Section 152 of CPC.  The rule does not also affect the court’s inherent power under Sec.151. Under Sec.152 clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the court either on its own motion or on an application by any of the parties.  It is thus manifest that errors arising from an accidental slip can be corrected subsequently not only in a decree drawn up by a ministerial officer of the court but even in a judgment pronounced and signed by the court.

The Supreme Court in Chinna Marudachalam and another v. Chinnaia Gounder, 1997 (1) LW 465, held that the act of the Court should not prejudice any party and Courts have the duty to see that their records are true and represent the correct state of affairs. In orders to prevent the prejudice, Court can always exercise inherent powers.

The Madras High Court in V.R.Srinivass Raghavan and others v. Kannammala by power agent NC Raja Gopal and others, 1980 TLNJ 50, Justice Sathiadev also held that there is no time limit for correcting clerical or arithmetical mistake under Ss.151 and 152, CPC.