[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.
Amendment notes
- Ins. by Act 104 of 1976, s. 51 (w.e.f. 1-2-1977).
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
Where an Appellate Court dismisses an appeal summarily under rule 11 of Order XLI, the power to amend the decree or order under section 152 may still be exercised by the Court that passed it in the first instance. This is so even though the dismissal has the effect of confirming the decree or order. The provision was inserted by the 1976 amendment.
