Bijay Kachhap vs Lakhan Oraon And Others
2025 Latest Caselaw 2987 Jhar

Jharkhand High Court

Bijay Kachhap vs Lakhan Oraon And Others on 28 February, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                             Second Appeal No. 242 of 2023
                                         With
                                 I.A. No. 2484 of 2025
                                         With
                                 I.A. No. 9248 of 2024

                Bijay Kachhap                                  ...      ...      Appellant
                                    Versus
            Lakhan Oraon and others      ...            ...       Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellant : Mr. Rakesh Kumar Singh, Advocate

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05/28.02.2025 Learned counsel for the appellant has submitted that a defect was pointed out by the office that address of respondent nos. 2(a) to 2(c) was missing in the appellate court decree. He has submitted that interlocutory applications have been filed for ignoring the defect, however, at the same time, an order dated 31.01.2025 has been annexed along with the I.A. No. 2484 of 2025 mentioning therein that Miscellaneous Case No. 1 of 2024 was filed and there is order for rectification of the decree. The rectification of the decree as under:-

Under the discussion above it is apparent that the address of the substituted respondent No. 2(a),2(b) and 2(c) are the same as the original defendant No. 02 in the memorandum of appeal and which ought to have been reflected in the Judgment dated 28.07.2023 and decree dated 11.08.2023 which appears to be missing and appears to be a bonafide clerical mistake and the same is allowed to be incorporated in the Judgment dated 28.07.2023 and decree dated 11.08.2023 under the provision of section 152 of C.P.C being bonafide clerical omission. office to carry out the said exercise immediately.

2. The learned counsel submits that as of now fresh decree has not been prepared.

3. Considering the order passed in Miscellaneous Case No. 1 of 2024 dated 31.01.2025, there can be no doubt that the necessary corrections are to be carried out in the decree also. The counsel for the appellant is directed to bring this order to the notice of the concerned court so that necessary corrections are carried out in the decree and after necessary correction the appellant would take out the certified copy of the same and file before this court. Needful be done by the appellant within a period of four weeks from today.

4. All the aforesaid I.A.s are closed.

5. Post this case on 03.04.2025 under appropriate heading.

(Anubha Rawat Choudhary, J.) Binit