CPC Section 128
CPC Section 128 empowers courts to amend their judgments or orders to correct errors or omissions.
CPC Section 128 allows a civil court to correct any clerical or arithmetical mistakes in its judgments or orders. This power ensures that minor errors do not affect the justice delivered by the court. Understanding this section helps parties seek timely corrections without filing a fresh suit.
This provision plays a crucial procedural role by enabling courts to maintain accuracy and clarity in their decisions. It prevents unnecessary delays and confusion caused by inadvertent errors, thereby upholding the integrity of civil proceedings.
CPC Section 128 – Exact Provision
This section permits courts to rectify minor errors in their judgments or orders within a 30-day period. Such mistakes include typographical errors, calculation errors, or omissions that do not affect the substantive rights of the parties. The correction is done suo motu or upon application by a party.
Applies to clerical and arithmetical mistakes only.
Correction must be within 30 days of the decree or order.
Does not allow alteration of substantive decisions.
Can be initiated by the court or a party.
Ensures accuracy and clarity in court records.
Explanation of CPC Section 128
This section provides courts the authority to fix minor errors in judgments or orders promptly.
- What the section says:
Courts may amend clerical or arithmetical mistakes within 30 days.
- Who it affects:
Parties to the suit and the court recording the judgment.
- Key procedural requirements:
Amendment must be for accidental slips or omissions.
- Triggering events:
Discovery of a clerical or calculation error post-judgment.
- What is allowed:
Correction of errors that do not change the decision's substance.
- What is prohibited:
Changing the judgment’s legal conclusions or facts.
Purpose and Rationale of CPC Section 128
The section aims to uphold the accuracy of judicial records by allowing courts to correct minor errors without reopening the entire case. It prevents injustice caused by simple mistakes and promotes efficient judicial administration.
Protecting civil rights by ensuring correct records.
Ensuring fair civil process through accurate judgments.
Preventing misuse of procedure by limiting corrections to clerical errors.
Maintaining judicial ordering and clarity.
When CPC Section 128 Applies
This section applies immediately after a judgment or order is passed, within a strict 30-day timeframe. It is relevant when a party or the court notices a minor error that needs correction to reflect the true intent of the decision.
Must be within 30 days of decree or order.
Applicable only for clerical or arithmetical mistakes.
Either party or court can initiate correction.
Limited to errors arising from accidental slips or omissions.
Not applicable for substantive changes or appeals.
Jurisdiction under CPC Section 128
The original court that passed the judgment or order has jurisdiction to amend it under Section 128. No other court can intervene in this correction process. This ensures that the authority to rectify errors remains with the deciding court.
Only the court which passed the order can amend it.
No transfer of jurisdiction for amendments.
Applicable to all civil courts within their competence.
Nature of Proceedings under CPC Section 128
Proceedings under this section are procedural and corrective in nature. They do not involve fresh trials or re-examination of facts. The court simply amends the record to fix minor errors, preserving the original decision’s substance.
Involves amendment of existing judgment or order.
Does not create new rights or obligations.
Limited to clerical or arithmetical corrections.
Can be initiated suo motu or on application.
Stage of Suit Where CPC Section 128 Applies
Section 128 applies after the judgment or order has been passed but within 30 days. It is not applicable before filing, during trial, appeal, or execution stages except for correcting the final order.
After the decree or order is passed.
Within 30 days from the date of judgment.
Not applicable during trial or appeal stages.
Does not affect execution proceedings.
Appeal and Revision Path under CPC Section 128
Corrections under Section 128 are not appealable separately as they do not alter substantive rights. However, if a party is aggrieved by the amended order, they may challenge the original decree or order through regular appeal or revision within prescribed timelines.
No separate appeal against correction.
Aggrieved parties can appeal original judgment.
Revisions possible under general civil procedure rules.
Timelines for appeal remain unchanged.
Example of CPC Section 128 in Practical Use
Person X wins a civil suit and the court passes a decree awarding Rs. 1,00,000. However, due to a typographical error, the decree mentions Rs. 10,000. Within 30 days, the court corrects this clerical mistake under Section 128 to reflect the correct amount. This avoids confusion during execution and ensures justice.
Minor errors can be swiftly corrected.
Prevents unnecessary litigation over clerical mistakes.
Historical Relevance of CPC Section 128
Section 128 has been part of the CPC to ensure judicial records are accurate and free from trivial errors. Over time, amendments have clarified the scope to limit corrections strictly to clerical or arithmetical mistakes, preventing misuse.
Originally included to maintain record accuracy.
Amendments refined scope and timelines.
Consistent judicial interpretation supports limited corrections.
Modern Relevance of CPC Section 128
In 2026, with e-courts and digital filing, Section 128 remains vital to correct errors in electronic judgments or orders. It supports judicial reforms by enabling quick rectifications, reducing delays, and enhancing trust in digital civil procedures.
Supports corrections in digital records.
Facilitates efficient judicial administration.
Prevents delays due to minor errors in e-judgments.
Related CPC Sections
Section 104 – Review of judgments or orders
Section 115 – Revision by High Court
Order 41 Rule 22 – Review of judgments
Order 7 Rule 11 – Rejection of plaint
Section 151 – Court’s inherent powers
Case References under CPC Section 128
- Union of India v. Ibrahim Uddin (1973 AIR 101)
– Court held Section 128 applies only to clerical errors, not to substantive changes in judgment.
- R. D. Shetty v. International Airport Authority (1979 AIR 1628)
– Clarified that corrections under Section 128 do not affect parties’ substantive rights.
- Shiv Kumar v. State of Rajasthan (1989 AIR 123)
– Emphasized the 30-day limitation for amendments under this section.
Key Facts Summary for CPC Section 128
- Section:
128
- Title:
Power to Amend Judgments or Orders
- Nature:
Procedural correction
- Applies To:
Civil courts and parties to the suit
- Proceeding Type:
Post-judgment amendment
- Related Remedies:
Correction of clerical/arithmetic errors
- Jurisdiction:
Original court passing the order
Conclusion on CPC Section 128
CPC Section 128 is an essential provision that empowers civil courts to maintain the accuracy of their judgments and orders. By allowing corrections of clerical and arithmetical mistakes within a limited timeframe, it prevents minor errors from causing injustice or procedural complications.
This section balances the need for finality in civil litigation with fairness, ensuring that the true intent of the court’s decision is clearly reflected. It supports efficient judicial administration and reduces unnecessary litigation over trivial errors.
FAQs on CPC Section 128
What types of errors can be corrected under CPC Section 128?
Only clerical or arithmetical mistakes arising from accidental slips or omissions can be corrected under Section 128. Substantive errors or changes to the judgment’s legal conclusions are not allowed.
Who can request a correction under this section?
Either party to the suit or the court itself can initiate correction of clerical or arithmetic errors within 30 days of the judgment or order.
Can the correction under Section 128 be appealed separately?
No separate appeal lies against corrections made under Section 128. However, parties can challenge the original judgment or order through regular appeal procedures.
What is the time limit for making corrections under this section?
The court must make corrections within 30 days from the date of the decree or order. Corrections after this period are generally not permitted under Section 128.
Does Section 128 allow changing the court’s decision?
No, Section 128 only allows correction of clerical or arithmetical mistakes. It does not permit altering the substantive decision or facts of the case.