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Issues: Whether the decree of divorce could be rectified under Section 152 of the Code of Civil Procedure, 1908 to incorporate the terms of the memorandum of agreement when no such relief was sought in the petition or in the modification application, and when no clerical error, arithmetical mistake or accidental slip of the court was shown.
Analysis: The power under Section 152 is confined to correcting clerical or arithmetical mistakes and accidental slips so that the decree reflects what the court actually intended. It cannot be used to add fresh reliefs, alter substantive rights, or reopen the merits of the matter. On the pleadings, the original petition sought only dissolution of marriage, while the later application sought mandatory injunctions and not incorporation of the agreement into the decree. The record did not show that the family court had intended to include the agreement terms but omitted them by mistake. The amendment order, therefore, amounted to a substantive enlargement of the decree rather than correction of an accidental omission.
Conclusion: The rectification/modification of the decree was impermissible and the order allowing such amendment was liable to be set aside.
Ratio Decidendi: Section 152 of the Code of Civil Procedure, 1908 permits only correction of patent clerical, arithmetical, or accidental omissions and cannot be invoked to introduce substantive reliefs or to rewrite a decree on reconsideration of the merits.
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