CPC Section 152
CPC Section 152 allows courts to review their own judgments or orders to correct errors and prevent injustice.
CPC Section 152 empowers civil courts to review their own judgments or orders. This provision helps correct mistakes apparent on the face of the record, ensuring justice is served without requiring a fresh suit. Understanding this section is vital for parties seeking to rectify judicial errors promptly.
Review under Section 152 is a procedural remedy that safeguards against miscarriage of justice. It is not an appeal but a limited corrective measure. Knowing when and how to invoke this section can save time and resources in civil litigation.
CPC Section 152 – Exact Provision
This section allows a party to seek a review of a judgment or order if they believe there is an error apparent on the face of the record. The review is limited and cannot be used as a substitute for an appeal. It ensures that courts can correct mistakes to prevent injustice.
Enables correction of errors apparent on the record.
Applicable when no appeal is filed or no appeal lies.
Review must be sought from the same court that passed the order.
Not a substitute for appeal but a limited remedy.
Explanation of CPC Section 152
Section 152 provides a mechanism for courts to review their own judgments or orders to correct errors.
- What the section says:
Allows review of judgments/orders by the same court.
- Who it affects:
Parties aggrieved by a decree or order.
- Key procedural requirements:
Application must be filed within 30 days of the judgment/order.
- Triggering events:
Discovery of an error apparent on the face of the record.
- What is allowed:
Review and correction of errors.
- What is prohibited or invalid:
Reopening issues already decided unless error is apparent.
Purpose and Rationale of CPC Section 152
This section aims to protect parties from judicial errors that are clear and obvious, ensuring fairness and preventing injustice. It maintains the integrity of the judicial process by allowing courts to correct mistakes without lengthy appeals.
Protecting civil rights by correcting judicial errors.
Ensuring fair civil process through limited review.
Preventing misuse of procedure by restricting scope of review.
Maintaining judicial ordering and finality.
When CPC Section 152 Applies
Section 152 applies when a party is aggrieved by a judgment or order and either no appeal has been filed or no appeal is allowed. The application must be made promptly to the same court.
Application within 30 days of judgment or order.
Filed by aggrieved party to the same court.
Applicable only for errors apparent on the face of the record.
Not applicable for re-arguing settled issues.
Jurisdiction under CPC Section 152
The jurisdiction to review lies exclusively with the court that passed the original decree or order. Higher courts do not have jurisdiction under this section; it is a self-correcting mechanism within the same court.
Review jurisdiction is with the original court.
No transfer of review jurisdiction to appellate courts.
Applies to civil courts at all levels depending on the original order.
Nature of Proceedings under CPC Section 152
Proceedings under Section 152 are summary and limited to correcting errors apparent on the face of the record. It does not involve rehearing evidence or re-arguing the case but focuses on judicial mistakes.
Summary review proceeding.
Does not create new rights or obligations.
Limited scope to correct errors.
Does not replace appeal or revision.
Stage of Suit Where CPC Section 152 Applies
Section 152 applies after the judgment or order has been passed and before any appeal or revision is filed. It is a post-judgment remedy to correct errors promptly.
After judgment or order is passed.
Before appeal or revision is filed.
Cannot be used to delay proceedings.
Appeal and Revision Path under CPC Section 152
Review under Section 152 is independent of appeal and revision. After the review order, parties may still appeal or seek revision if permitted. The review is a preliminary corrective step.
Appeal lies against review order if applicable.
Revision may be sought after review.
Timelines for appeal/revision remain unchanged.
Example of CPC Section 152 in Practical Use
Person X loses a civil suit due to a clerical mistake in the judgment amount. X files an application under Section 152 to correct the error. The court reviews the judgment and corrects the amount without a new trial, ensuring justice and saving time.
Allows correction of obvious errors without appeal.
Prevents unnecessary litigation and delays.
Historical Relevance of CPC Section 152
Section 152 has been part of the CPC since its inception, reflecting the need for courts to self-correct errors. Amendments have clarified procedural aspects but the core purpose remains unchanged.
Established to provide limited review remedy.
Procedural clarifications introduced over time.
Consistent with principles of natural justice.
Modern Relevance of CPC Section 152
In 2026, Section 152 remains crucial for quick correction of judicial errors. With e-courts and digital filing, review applications can be processed faster, enhancing access to justice and reducing backlog.
Supports digital filing and e-courts.
Facilitates judicial reforms for efficiency.
Widely used to prevent miscarriage of justice.
Related CPC Sections
Section 96 – Appeals from original decrees
Section 100 – Second appeals
Section 114 – Review of orders by High Court
Order 47 Rule 1 – Procedure for review
Section 115 – Revision jurisdiction of High Court
Case References under CPC Section 152
- K.K. Verma v. Union of India (1969 AIR 130)
– Review allowed only for errors apparent on the face of record, not for re-argument.
- State of Orissa v. M/s. Ram Chandra Ram (1963 AIR 1507)
– Review cannot be used as substitute for appeal.
- Collector, Land Acquisition v. Mst. Katiji (1987 AIR 1353)
– Review limited to correcting patent errors.
Key Facts Summary for CPC Section 152
- Section:
152
- Title:
Review of Judgments and Orders
- Nature:
Procedure for review of judgments/orders
- Applies To:
Courts and aggrieved parties
- Proceeding Type:
Post-judgment review
- Related Remedies:
Correction of errors, limited review
- Jurisdiction:
Original court that passed the order
Conclusion on CPC Section 152
CPC Section 152 is a vital provision that allows courts to review their own judgments or orders to correct errors apparent on the face of the record. This limited remedy ensures that justice is not denied due to clerical or judicial mistakes, providing a quick and efficient way to rectify errors without lengthy appeals.
Understanding the scope and limitations of Section 152 helps litigants and lawyers use this remedy appropriately. It preserves the finality of judgments while maintaining fairness, making it an essential tool in the civil justice system of India.
FAQs on CPC Section 152
What is the main purpose of CPC Section 152?
Section 152 allows a court to review its own judgment or order to correct errors apparent on the face of the record, ensuring justice without a full appeal.
Who can file a review application under Section 152?
Any person aggrieved by a decree or order, whether appeal lies or not, can file a review application to the same court that passed the judgment or order.
What is the time limit to file a review application?
The application for review must be filed within 30 days from the date of the judgment or order sought to be reviewed.
Can review be used to re-argue the entire case?
No, review is limited to correcting errors apparent on the record and cannot be used to re-examine evidence or re-argue the case.
Is there a right to appeal against the review order?
Yes, if the law permits, parties can appeal against the review order within the prescribed time, as the review is not a substitute for appeal.