Power to amend decree or order where appeal is summarily dismissed
Section 153A of the Code of Civil Procedure, 1908 deals with 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 appea The Act came into force on 01 Jan 1909.
1[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.
Section 153A, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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B. Boraiah Rep. Thr. Lrs vs M. G. Thirthaprasad
Court's Decision & Legal Precedent
When a Trial Court decree has been confirmed by the High Court after consideration of all aspects on merits, the Trial Court loses jurisdiction to entertain applications for correction of that decree. Such correction applications can only be maintained before the High Court where the decree has been finally confirmed. The distinction between rejection of appeal under Rule 11, Order 41 CPC and disposal on merits is crucial in determining whether the Trial Court retains correction jurisdiction.
On this section: Section 153A provides for correction of decrees. The Court examined whether this section permits correction by the Trial Court after the High Court has confirmed the decree on merits. The Court held that correction applications can only be maintained before the High Court where the decree has been finally confirmed.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 153A
What have the courts held on Section 153A of the Code of Civil Procedure?
B. Boraiah Rep. Thr. Lrs vs M. G. Thirthaprasad (07 Feb 2022) is the leading judgment on this section among those set out below: Section 153A provides for correction of decrees. The Court examined whether this section permits correction by the Trial Court after the High Court has confirmed the decree on merits. The Court held that correction applications can only be maintained before the High Court where the decree has been finally confirmed.
How do I find court cases under Section 153A of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 153A, section 153A CPC, section 153A of the Code of Civil Procedure. People searching for it also type 153a cpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with B. Boraiah Rep. Thr. Lrs vs M. G. Thirthaprasad (07 Feb 2022).
What should I read with Section 153A of the Code of Civil Procedure, and has it changed?
Its own text turns on section 152 (Amendment of judgments, decrees or orders), so none of them can safely be read on its own.
When did Section 153A of the Code of Civil Procedure come into force?
Section 153A of the Code of Civil Procedure, cited as CPC 153A, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.