Code of Civil Procedure, 1908 (CPC)
Section 151 and Section 152 Distinguished
Both let a court act after a decree without an appeal, and they do entirely different jobs. Section 152 of the Code of Civil Procedure, 1908 is the slip rule: it corrects the record so that it says what the court actually decided. Section 151 is the inherent power: it lets the court do what justice requires where the Code has provided nothing for the situation. One fixes a mismatch between the decision and its expression; the other fills a gap. These notes compare them.
A mismatch corrected, and a gap filled
1. The Two Provisions
§ Section 152, CPC 1908 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 of its own motion or on the application of any of the parties. |
§ Section 151, CPC 1908 Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. |
The wording carries the difference. Section 152 names three specific defects and gives a power to correct them. Section 151 names no defect at all: it preserves a power the court has because it is a court, and it is invoked where the Code offers nothing.
2. The Two Compared
Basis | Section 152 | Section 151 |
|---|---|---|
What it addresses | A mismatch between what the court DECIDED and what the record SAYS | A situation for which the Code provides no procedure |
The defects covered | Clerical mistakes, arithmetical mistakes, and errors from an accidental slip or omission | Not defined; whatever the ends of justice require, or the prevention of abuse of process |
Source of the power | Expressly conferred by the section | PRESERVED, not conferred: the section says the Code shall not limit it |
When it may be exercised | AT ANY TIME, of the court's own motion or on application | At any stage, on application or of the court's own motion |
Limitation | None applies | None applies as such, though delay is a discretionary consideration |
Can it change the decision? | No. It alters the expression, never what was decided | No. It cannot give a party a relief the Code denies |
Where a specific provision exists | Section 152 is itself the specific provision for these defects | Not available: the inherent power yields to an express provision |
Typical use | A figure wrongly carried into the decree; a relief granted in the judgment but omitted from the decree; a wrong survey number | Recalling an order obtained without notice; consolidating suits; staying a connected proceeding; restitution outside Section 144 |
3. The Limits of Section 152
§ What the slip rule cannot do • It cannot alter the decision. The power is to make the record express what was decided. A court that thinks its decision was wrong must be approached by review or appeal, not under Section 152. • It cannot supply what was never decided. Where the judgment is silent on a question, that silence is not an accidental omission; adding a finding would be a fresh adjudication. • It cannot be used to reopen a concluded controversy. An application that requires the court to reconsider the merits falls outside the section however it is framed. • But it can give effect to what was plainly intended. Where the judgment awards a sum and the decree records a different figure, or grants a relief the decree omits, the correction is within the section, and Order XX Rule 6A requires the decree to agree with the judgment. |
4. The Limits of Section 151
§ Four rules that always apply • It cannot be exercised against an express provision. Where the Code has dealt with a matter and fixed conditions, the inherent power does not give relief on easier terms. • It cannot confer jurisdiction. A court without authority over the subject matter does not acquire it under Section 151. • It cannot create a right of appeal, review or revision. Those are creatures of statute. • It is supplementary and is used sparingly, for the situation the Code did not foresee, and not as a general discretion to depart from procedure. |
5. Where Each Is the Right Provision
The situation | The right provision |
|---|---|
The judgment awards Rs 4,50,000 and the decree records Rs 45,000 | Section 152: an arithmetical or clerical mistake in carrying the figure into the decree |
The judgment grants mesne profits but the decree omits them | Section 152, with Order XX Rule 6A, which requires the decree to agree with the judgment |
The decree describes the property by a wrong survey number, the identity being clear from the judgment | Section 152: an accidental slip in the description |
An ex parte order was obtained without notice, and no rule covers the situation | Section 151: recall in the exercise of the inherent power |
Two connected suits are pending before the same court and Section 10 does not apply | Section 151: consolidation, or a stay |
A benefit was obtained under an interim order later vacated | Section 151: restitution outside Section 144 |
The court is asked to reconsider a finding it made | Neither: the remedy is review under Section 114, or an appeal |
6. Landmark Points
- Section 152. Clerical or arithmetical mistakes, and errors from an accidental slip or omission, may be corrected at any time, of the court's own motion or on application.
- It corrects the record, not the decision, and cannot supply what was never decided.
- Order XX Rule 6A. The decree must agree with the judgment, which is what makes the slip rule necessary.
- Section 151 preserves an inherent power, exercisable for the ends of justice or to prevent abuse of the process of the court.
- The inherent power is supplementary, and never operates against an express provision or to confer jurisdiction.
- Where Section 152 covers the defect, Section 151 is not used, since a specific provision excludes the inherent power.
7. Frequently Asked Questions
What is the difference between Section 151 and Section 152?
Section 152 corrects clerical or arithmetical mistakes and accidental slips, so that the record says what the court decided. Section 151 preserves the court's inherent power to make orders necessary for the ends of justice or to prevent abuse of process, where the Code provides nothing.
Can Section 152 be used to change a decision?
No. It alters the expression of the decision, never the decision itself. A party who says the decision was wrong must seek a review under Section 114 or appeal; recasting the complaint as a clerical error does not bring it within the section.
Is there a limitation period for an application under Section 152?
No. The section allows the correction to be made at any time, by the court of its own motion or on the application of any of the parties, and no article of the Limitation Act prescribes a period for it.
When is Section 151 the right provision?
Where the Code is silent and justice requires an order: recalling an order obtained without notice, consolidating connected suits, staying a proceeding outside Section 10, or ordering restitution in a situation Section 144 does not cover.
Can Section 151 be used where Section 152 applies?
No. Where a specific provision covers the defect, that provision governs, and the inherent power is not used to do the same work on different terms. Section 151 is the residuary power.
Can Section 151 give a court jurisdiction it lacks?
No. The section preserves a power that belongs to a court over its own process. It cannot supply authority over a class of matter that the law has withheld, nor create a right of appeal, review or revision.
8. Related Topics in This CPC Series
- Section 151: Inherent Powers of the Court
- Sections 152 to 153B: Amendment and Correction of Proceedings
- Inherent Jurisdiction and Inherent Powers Distinguished
- Review under Section 114 and Order XLVII