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PART XI MISCELLANEOUS

Section 153A: Power to amend decree or order where appeal is summarily dismissed

The Code of Civil Procedure, 1908

1[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.

Footnotes in the official text

  1. 1.Ins. by Act 104 of 1976, s. 51 (w.e.f. 1-2-1977).

Questions on this section

1 question in 5 of our papers cite Section 153A. Try these from the free papers:

  1. 1. A decree passed by the trial court contained an arithmetical error in the amount awarded. The defendant's appeal against it was dismissed by the Appellate Court under Order XLI Rule 11 without notice to the respondent. The plaintiff now seeks correction of the error. Under Section 153A CPC:

Practise questions on Civil Procedure Code