(Civil Miscellaneous vs The State Of Bihar(Now Jharkhand) & Ors
2023 Latest Caselaw 4458 Jhar

Jharkhand High Court

(Civil Miscellaneous vs The State Of Bihar(Now Jharkhand) & Ors on 7 December, 2023

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      (Civil Miscellaneous Appellant Jurisdiction)
                                  S.A. No.298 of 2016
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Md. Rustam Ansari & Ors. .... .... .... Appellant(s) Versus The State of Bihar(Now Jharkhand) & Ors.

                                            ....   ....      ....   Respondent(s)
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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Appellants : Mr. Sudhir Kumar Sharma, Advocate For the Resp.-State : Mr. Sanjay Kumar Tiwari, SC-I Mr. Krishna Kumar Bhatt, AC to SC-I, Mr. Rahul Kumar Singh, AC to SC-I,

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Order No.15 Dated- 07.12.2023 I.A. No.10826 of 2023 Heard learned counsel for the parties.

2. The present interlocutory application has been filed to make correction in substantial question of law No.(ii) formulated on 31.03.2022, wherein typographical error has crept in, which requires correction.

3. Learned counsel for the appellants submits that on 22.11.2023, the present second appeal was taken up for hearing and during the course of argument, it transpired that some typographical error has occurred during formulation of substantial question of Law No.(ii) which is as under:-

(ii) whether in view of the specific finding of the first appellate court that the land has been settled in favour of Ex-landlord to predecessor-in-interest of this appellants by Hukumnama, impugned judgment could have been passed?

4. Learned counsel for the appellants further submits that the appellants have filed present interlocutory application for making correction/amendment in the substantial question of Law No.(ii), wherein typographical error which has crept in, requires correction in the interest of justice and the instant interlocutory application may be allowed.

6. Learned counsel for the respondent-State has raised no objection.

7. It appears that the substantial question of Law No.(ii) formulated on 31.03.2022 , due to typographical error the phrase "if favour of Ex- landlord" has been typed in place of phrase "by the Ex-landlord", which is corrected and substantial question of law No.(ii) shall be now read as:-

(ii) whether in view of the specific finding of the first appellate court that the land has been settled by the Ex-landlord in favour of predecessor-in-

interest of this appellants by Hukumnama, impugned judgment could have been passed?

8. In view of the aforesaid facts and circumstances, the instant I.A. No.10826 of 2023 is allowed.

9. On request of both learned counsels, list this appeal tomorrow i.e. on 08.12.2023.

(Pradeep Kumar Srivastava, J.) Pappu/