CPC Section 150
CPC Section 150 empowers courts to review their own judgments or orders to correct errors and prevent injustice.
CPC Section 150 grants courts the authority to review their own judgments or orders. This provision allows correction of mistakes apparent on the face of the record, ensuring justice is served. Understanding this section helps parties seek remedy within the same court without filing a fresh suit.
The power of review is a vital procedural tool to rectify errors that could cause miscarriage of justice. It maintains judicial integrity by enabling courts to revisit decisions under specific conditions, providing a safeguard against erroneous rulings.
CPC Section 150 – Exact Provision
This section empowers courts to review their own decisions within a limited time frame. The review can be initiated by the court itself or by an affected party. It is designed to correct errors apparent on the face of the record, not to re-examine evidence or re-argue the case.
Allows review within 30 days from the decree or order.
Can be initiated by the court or an affected party.
Applies only to errors apparent on the face of the record.
Does not permit re-hearing of evidence or arguments.
Ensures correction of judicial errors to prevent injustice.
Explanation of CPC Section 150
This section provides courts the power to review their own judgments or orders to correct mistakes apparent on the record.
- What the section says:
Courts may review judgments/orders within 30 days on their own or on application.
- Who it affects:
Parties affected by the judgment or order.
- Key procedural requirements:
Application must be within 30 days; error must be apparent on record.
- Triggering events:
Discovery of an error or mistake in the judgment/order.
- What is allowed:
Correction of errors apparent on record.
- What is prohibited:
Reconsideration of evidence or arguments not apparent on record.
Purpose and Rationale of CPC Section 150
The section aims to ensure justice by allowing courts to correct their own errors without the need for a fresh suit or appeal. It safeguards against miscarriages of justice caused by clerical or apparent errors, maintaining the credibility of the judicial process.
Protecting civil rights by correcting judicial errors.
Ensuring fair civil process through timely review.
Preventing misuse of procedure by limiting scope to apparent errors.
Maintaining judicial ordering and finality of decisions.
When CPC Section 150 Applies
This section applies when a party or the court identifies an error apparent on the face of the record within 30 days of the judgment or order. It enables correction without filing a new suit or appeal, streamlining the civil process.
Application must be within 30 days of the decree or order.
Any court that passed the judgment or order has authority.
Limited to errors apparent on the face of the record.
Does not apply after the 30-day period except in exceptional cases.
Scope limited to correction, not re-trial or appeal.
Jurisdiction under CPC Section 150
The jurisdiction to review lies exclusively with the court that passed the original judgment or order. Higher courts or appellate courts do not have jurisdiction under this section to review decisions of lower courts. This ensures that the same court corrects its mistakes promptly.
Only the original court has jurisdiction to review.
Review cannot be initiated in appellate or higher courts under this section.
Jurisdiction limited to civil courts that passed the order or decree.
Nature of Proceedings under CPC Section 150
Proceedings under Section 150 are summary and limited to reviewing errors apparent on the record. It does not involve fresh evidence or re-hearing of arguments. The section creates a procedural right to seek correction and imposes a limitation on the scope of review.
Summary proceeding focused on error correction.
Does not involve trial or re-examination of evidence.
Creates procedural right to review judgments/orders.
Limits scope to errors apparent on record.
Ensures quick correction without full appeal process.
Stage of Suit Where CPC Section 150 Applies
Section 150 applies after the judgment or order is passed but within 30 days. It is not applicable before filing, during trial, or during appeal. The section is a post-judgment remedy to correct errors promptly.
Applies after the judgment or order is passed.
Must be invoked within 30 days from the date of decree or order.
Not applicable during trial or before filing.
Does not replace appeal or revision procedures.
Appeal and Revision Path under CPC Section 150
Review under Section 150 is distinct from appeal or revision. It is a limited remedy to correct errors apparent on the record. If dissatisfied with the review order, parties may still appeal or seek revision as per law within prescribed timelines.
Review is a separate remedy from appeal or revision.
Appeal or revision can be filed after review order if aggrieved.
Timelines for appeal/revision remain unaffected by review.
Example of CPC Section 150 in Practical Use
Person X obtained a decree in a civil suit. Later, X noticed the court had wrongly calculated the interest rate in the decree. X filed an application under Section 150 within 30 days to correct this error. The court reviewed the decree and amended the interest rate accordingly, preventing injustice without a fresh suit.
Shows how errors apparent on record can be corrected promptly.
Highlights the procedural ease of review over fresh litigation.
Historical Relevance of CPC Section 150
Section 150 has its roots in the need to provide courts with a mechanism to correct their own errors without lengthy appeals. Over time, amendments have clarified its scope, limiting it to errors apparent on the record to prevent misuse.
Originated to ensure judicial correctness and fairness.
Amendments refined scope to prevent re-litigation.
Has remained a crucial procedural safeguard in civil law.
Modern Relevance of CPC Section 150
In 2026, Section 150 remains vital for efficient civil justice. With digital filing and e-courts, review applications are processed swiftly, reducing delays. Judicial reforms emphasize timely correction of errors, making Section 150 a key tool for maintaining trust in the legal system.
Supports digital filing and e-court processes.
Aligns with judicial reforms for speedy justice.
Widely used to prevent miscarriages of justice today.
Related CPC Sections
Section 96 – Appeals from original decrees or orders
Section 114 – Power to issue commissions
Order 47 Rule 1 – Appeal from original decree
Order 47 Rule 1A – Review of judgments or orders
Section 115 – Revision of orders by High Court
Case References under CPC Section 150
- Union of India v. Ibrahim Uddin (1977, AIR 1977 SC 1369)
– Review is limited to errors apparent on the face of the record and not for reappreciation of evidence.
- State of Orissa v. Dr. (Miss) Binapani Dei (1967, AIR 1967 SC 1269)
– Courts must exercise review power sparingly and only in exceptional cases.
- Krishna Ram Mahale v. State of Maharashtra (2000, AIR 2000 SC 199)
– Review cannot be used as an appeal in disguise.
Key Facts Summary for CPC Section 150
- Section:
150
- Title:
Power of Review by Courts
- Nature:
Procedure for review of judgments/orders
- Applies To:
Civil courts and parties affected by judgments/orders
- Proceeding Type:
Post-judgment review
- Related Remedies:
Correction of errors, not appeal or revision
- Jurisdiction:
Original court that passed the judgment/order
Conclusion on CPC Section 150
CPC Section 150 is a crucial provision that empowers courts to correct their own errors apparent on the face of the record. It provides a timely and efficient remedy to prevent injustice without the need for fresh litigation or lengthy appeals. This power helps maintain the integrity and credibility of the judicial process.
By limiting the scope to errors apparent on record and imposing a strict time limit, the section balances the need for finality with the need for justice. Understanding this section is essential for litigants and legal professionals to effectively navigate civil proceedings and safeguard their rights.
FAQs on CPC Section 150
What types of errors can be corrected under Section 150?
Only errors apparent on the face of the record, such as clerical mistakes or obvious legal errors, can be corrected. It does not allow re-examination of evidence or arguments.
Who can file a review application under Section 150?
Any person affected by the judgment or order can file a review application. The court can also initiate review on its own motion.
What is the time limit to file a review application?
The application must be filed within 30 days from the date of the decree or order. Extensions are generally not allowed.
Is a review application the same as an appeal?
No, a review is a limited remedy to correct errors apparent on record. An appeal is a broader challenge to the decision and follows a different procedure.
Can a review application be filed after an appeal?
Generally, a review application is filed before an appeal. However, if no appeal is filed, a review can be sought within the prescribed time to correct errors.