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Section 153: Place of trial to be deemed to be open Court

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Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 152 All 158 Sections of Code of Civil Procedure Section 154

Legal Commentary & Landmark Judgments: Section 153

Section 153 establishes the general power of civil courts to amend any defect or error in any proceeding in a suit, directing that all necessary amendments shall be made for the purpose of determining the real question or issue raised.

  • General Power to Amend Proceedings: The court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit.
  • Mandate for Real Issue Determination: All necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.
  • Plenary Breadth Beyond Order 6 Rule 17: Extends far beyond mere amendment of pleadings; empowers courts to correct errors in summons, decree descriptions, execution applications, and ministerial process.
  • Ex Debito Justitiae Standard: Inherent statutory duty of courts to ensure procedural technicalities do not defeat substantive rights.
Key Landmark Precedents:
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: The Supreme Court highlighted that Section 153 is a vital statutory reservoir of power enabling courts to rectify clerical errors and procedural slips at any stage to advance justice.
  • K.K. Velusamy v. N. Palanisamy, (2011) 11 SCC 275: Affirmed that Section 153 operates alongside Section 151 to prevent failure of justice caused by inadvertent procedural omissions.
Courtroom Practice & Strategic Litigation Guidance:

If a clerical mistake exists in the description of property in the summons, valuation memo, or execution petition, file an application under Section 153 praying for amendment to reflect the true subject-matter.

Section 152 All 158 Sections of Code of Civil Procedure Section 154