Home › MCQs › Criminal Procedure Code › Question #9489
Back to Questions
Criminal Procedure Code QUESTION #9489
Question 1
A files a suit claiming ownership of a well-defined plot. The Court, after hearing both sides, finds in favour of A on all issues but inadvertently omits to grant consequential relief of mesne profits although it was claimed in the plaint. A applies for amendment of the decree. B argues the decree is final and cannot be amended. What should the Court do?
  • Refuse; a decree once passed is final and cannot be amended
  • Allow A's application; the Court has power under Section 152 to correct clerical or arithmetical mistakes and accidental omissions in decrees, and under the inherent powers of Section 151 in appropriate cases✔️
  • Direct A to file a fresh suit for mesne profits
  • Refer the matter to the High Court
Correct Answer Explanation
Section 152 CPC empowers the Court to correct clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising from accidental slips or omissions. The inadvertent omission of a claimed relief that was argued falls within correctable error. Additionally, Section 151 preserves inherent powers to do justice.