CPC Section 153A. — Power to amend decree or order where appeal is summarily dismissed

Civil

Summary

If an appeal is dismissed without a full hearing under Order XLI, Rule 11, the court that originally passed the decree or order can still correct any clerical or arithmetical mistakes in it under section 152. This is allowed even though the dismissal of the appeal confirms the original decree or order.

Official Text

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.