Civil

Application for Recall, Modification or Clarification of an Order under Section 151 CPC

This is an application invoking the inherent powers of a civil court under Section 151 of the Code of Civil Procedure, 1908. It seeks to recall, modify, or clarify an order already passed by the court to secure the ends of justice or prevent abuse of the court's process.

The application is filed in the same court that passed the original order. It is used when no other specific provision in the CPC provides a remedy for the grievance, such as a review or an appeal.

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Governing law
Code of Civil Procedure, 1908 — Section 151 (inherent power to secure the ends of justice and prevent abuse of process)
Sections
s. 151
Filed before
Any court (Supreme Court / High Court / Trial Court / Sessions Court)

When this is the right filing

  • To recall an ex-parte order passed without hearing the applicant.
  • To modify an interim order that has become onerous or was passed on a mistaken premise.
  • To seek clarification of an ambiguous or unclear direction in an existing order.
  • Do not use this application to set aside an ex-parte decree; an application under Order IX Rule 13 CPC is the specific remedy for that.
  • Do not use this application if a specific remedy like a review under Order XLVII CPC or an appeal is available.

What the court looks for

  • A clear statement that no other specific remedy is available under the CPC for the grievance.
  • The precise circumstances under which the original order was passed.
  • Specific grounds demonstrating why the order needs to be recalled, modified, or clarified to prevent injustice or abuse of process.
  • A clear and specific prayer for the exact relief sought from the court.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Cause title
  2. 2Application
  3. 3Grounds
  4. 4Prayer
  5. 5Affidavit
  6. 6Verification
How it opens
3. That the said order was passed [order circumstances], and the Applicant submits that the order deserves to be recalled / modified / clarified in the interest of justice.

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between an application under Section 151 CPC and a review petition?

A review petition under Order XLVII CPC is a specific statutory remedy available on limited grounds, such as discovery of new evidence or an error apparent on the face of the record. An application under Section 151 CPC invokes the court's inherent powers and is maintainable only when no specific provision, including a review, applies to the situation.

Can this application be used to recall a final decree?

No. The inherent power under Section 151 CPC cannot be invoked to recall a decree when a specific remedy exists. For an ex-parte decree, the specific application is under Order IX Rule 13 CPC. For other decrees, the remedy may lie in an appeal or a review.

In which court is this application filed?

The application is filed in the same court that passed the order you are seeking to recall, modify, or clarify. This can be any civil court, from a trial court to the Supreme Court, exercising civil jurisdiction.

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