All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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8.

Which of the following statements is most accurate about a clerical error that has accidentally crept into a judgment?

A: Such an error cannot be corrected except by way of an appeal against the judgment.
B: The parties must file a fresh suit to rectify the error in the judgment.
C: The parties can apply to and request the registrar of the court to rectify the error in the judgment.
D: The clerk who is responsible for the error must file an application to correct the error in the judgment.
E: The court may, of its own motion, rectify the error in the judgment.

The answer is: E

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Explanation

The most accurate statement about a clerical error that has accidentally crept into a judgment is:

E: The court may, of its own motion, rectify the error in the judgment.

In many legal systems, including common law jurisdictions, courts have the authority to correct clerical errors in judgments without the need for the parties or clerks to initiate the correction. These corrections typically involve minor typographical errors, miscalculations, or other administrative mistakes that do not affect the substantive legal content of the judgment. The court has the power to make these corrections to ensure that the judgment accurately reflects the court's intended decision. This power is exercised by the court on its own initiative, without requiring an application from the parties or clerks.

Options A, B, C, and D do not accurately reflect the typical procedure for correcting clerical errors in judgments, as they suggest other methods (such as appeals, fresh suits, or applications by specific individuals) that are generally not necessary or appropriate for addressing clerical errors.