Madhuri W/O Late Totaram vs Public At Large
2022 Latest Caselaw 4724 MP

                                                                      1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                BEFORE HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                             ON THE 4th OF APRIL, 2022

                                                       MISC. PETITION No. 1275 of 2022

                                          Between:-
                                          MADHURI W/O LATE TOTARAM D/O HUKUM
                                          SINGH , AGED ABOUT 22 YEARS, OCCUPATION:
                                          HOUSEWIFE, R/O HOUSE NO. 37/537 VIDYA NAGLA
                                          PADI AGRA UP (UTTAR PRADESH)

                                                                                             .....PETITIONER
                                          (By Ms. Sudipta Choubey, Advocate)

                                          AND

                                   1.     PUBLIC AT LARGE, KATNI TEHSIL AND DISTRICT
                                          KATNI (M.P.)

                                   2.     LIC OF INDIA THROUGH BRANCH MANAGER LIC
                                          BRANCH NO 2 KATNI, NEW BASTI, KATNI
                                          (MADHYA PRADESH)

                                   3.     RAMKISHAN         THROUGH         LEGAL
                                          REPRESENTATIVES:-
                                          a. DEVI W/O LATE RAMKISHAN KUSHWAHA ,
                                          AGED ABOUT 56 YEARS, VILLAGE BAWANPURA,
                                          POST AND THANA BAYANA, DIST BHARATPUR,
                                          (RAJASTHAN)

                                          b. PRATAP S/O LATE RAMKISHAN KUSHWAHA,
                                          AGED ABOUT 35 YEARS, VILLAGE BAWANPURA,
                                          POST AND THANA BAYANA, DIST BHARATPUR,
                                          (RAJASTHAN)

                                          c. PRABHAT S/O LATE RAMKISHAN KUSHWAHA ,
                                          AGED ABOUT 35 YEARS, VILLAGE BAWANPURA,
                                          POST AND THANA BAYANA, DIST BHARATPUR,
                                          (RAJASTHAN)

                                          d. TEJRAM S/O LATE RAMKISHAN KUSHWAHA ,
                                          AGED ABOUT 27 YEARS, VILLAGE BAWANPURA,
                                          POST AND THANA BAYANA, DIST BHARATPUR,
                                          (RAJASTHAN)

                                          e. CHANDRAKALA D/O LATE RAMKISHAN
                                          KUSHWAHA , AGED ABOUT 25 YEARS, VILLAGE
                                          BAWANPURA, POST AND THANA BAYANA, DIST
                                          BHARATPUR, (RAJASTHAN)

                                                                                          .....RESPONDENTS



Signature Not Verified
  SAN
                                                                       ORDER

Digitally signed by BHARTI GADGE This petition has been filed aggrieved by the order dated 07.10.2021 Date: 2022.04.05 16:52:50 IST

(Annexure P/1), whereby petitioner's application for correction of her name in the cause title has been dismissed.

Petitioner is the widow of Late Shri Totaram and filed a suit for succession certificate under Section 372 of Indian Succession Act, which

was dismissed by the competent Court by order dated 20.07.2016. Aggrieved, the petitioner challenged the said judgment by way of an appeal before the appellate Court, whereby the judgment passed by the competent Court was set aside and the appeal was partly allowed vide judgment dated 13.03.2020.

It is the contention of learned counsel for the petitioner that by a typographical error the name of the petitioner/appellant in the appeal memo was wrongly written as Madhuri Sharma W/O Late Totaram, whereas the correct name is Madhuri W/O Late Totaram, which is also evident from the judgment dated 20.07.2016 passed by the competent Court. It is submitted that for the correction of her name in the cause title an application under Section 151 of CPC was filed which was rejected by the impugned order dated 07.10.2021, on the ground that the said mistake is of the petitioner herself and not of the Court. It is submitted that the petitioner is unable to get the benefit of the appellate Court judgment unless the name in the cause title is corrected. It is, therefore, prayed that the order dated 07.10.2021 be set aside and the petitioner be permitted to correct the name of party in the cause title.

I have heard the learned counsel for the petitioner and perused the documents.

In the order dated 20.07.2016, the name of the petitioner is written as Madhuri W/O Late Shri Totaram, whereas in the appellate Court the name is mentioned as Madhuri Sharma W/O Late Totaram, this obviously Signature Not Verified SAN

a typographical error on the part of the party, however could be corrected Digitally signed by BHARTI GADGE Date: 2022.04.05 16:52:50 IST

under the inherent power under Section 151 r/w 152 of CPC, as the same

is only due to accidental slip or omission. The petitioner's appeal is already partly allowed, under the circumstances, in the interest of justice, the Court below ought to have allowed the application and permitted the petitioner to correct the said error else she would not be able to get the benefit of it.

This petition is therefore allowed. The impugned order dated 07.10.2021 rejecting the application of petitioner is set aside. The

appellate Court is directed to permit the petitioner to correct her name in the cause title of the appeal.

With the aforesaid directions, this petition stands disposed of. Certified copy as per rules.

(NANDITA DUBEY) JUDGE b

Signature Not Verified SAN

Digitally signed by BHARTI GADGE Date: 2022.04.05 16:52:50 IST