Section 40 of Delhi Rent Control Act 1958 - Amendment of Orders

Section 40 of the Delhi Rent Control Act, 1958 provides a limited power to correct clerical or arithmetical mistakes in an order, as well as errors caused by an accidental slip or omission.

Updated: 24 September 2026

What Section 40 provides

Section 40 - Amendment of orders: Clerical or arithmetical mistakes in an order passed by the Controller, the Tribunal or an Additional Tribunal, and errors arising from an accidental slip or omission, may be corrected at any time by the competent authority. The correction may be made on an application by a party or otherwise.

The current central text published on India Code reflects the 1984 amendment that substituted the earlier reference to the Tribunal so that the provision also refers to an Additional Tribunal. The statutory correction power is directed to mistakes of a clerical or arithmetical character and accidental slips or omissions.

Meaning and scope of Section 40

A clerical mistake is generally a mistake in recording, typing, copying or expressing what was intended in the order. An arithmetical mistake is an error in calculation. An accidental slip or omission concerns an inadvertent error or omission appearing in the order.

Section 40 is therefore a correction provision. Its text does not create a general rehearing or appellate power. A request under this section should identify the precise clerical, mathematical or accidental error for which correction is sought.

Who may seek correction and when?

The provision expressly permits correction on an application received from any of the parties. It also permits the competent authority to correct such an error otherwise. Importantly, the section states that the specified mistakes may be corrected at any time.

Authority competent to correct an order

The correction is made by the authority identified in Section 40 in relation to the relevant order: the Controller, the Tribunal or an Additional Tribunal, as applicable. The provision should be read with the structure and amendments of the Delhi Rent Control Act, 1958.

Official text of the Delhi Rent Control Act

For the authoritative statutory text and amendment notes, refer to the Government of India's India Code publication of the Delhi Rent Control Act, 1958.

Official Delhi Rent Control Act, 1958 - India Code

Legal note: This page explains the statutory provision for general information. Whether an error can be corrected under Section 40 depends on the nature of the order and the correction sought.