Smt Madhu Jain vs Smt Reeta Devi Jain
2023 Latest Caselaw 18274 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                          ON THE 1 st OF NOVEMBER, 2023
                                           MISC. PETITION No. 6564 of 2023

                          BETWEEN:-
                          1.    SMT MADHU JAIN W/O SHRI RAM KUMAR JAIN,
                                AGED ABOUT 65 YEARS, OCCUPATION: NIL,R/O
                                KASTURVA SCHOOL RUI KI MANDI MORENA
                                (MADHYA PRADESH)

                          2.    RAM KUMAR SINGH JAIN S/O SHRI SHYAM
                                SHANKAR SINGH, AGED ABOUT 60 YEARS,
                                OCCUPATION: AGRICULTURIST, R/O VILLAGE
                                RANNOD TAHSIL AND DISTRICT SHIVPURI , NEW
                                HOUSING BOARD COLONY MAYURBAN BHAWAN
                                NO.1 M FIRST 736 MORENA (AS PER PAINT) BUT
                                CORRECT ADDRESS KASTURVA SCHOOL RUI KI
                                MANDI MORENA (MADHYA PRADESH)

                                                                             .....PETITIONERS
                          (BY SHRI SANTOSH AGRAWAL - ADVOCATE)

                          AND
                          1.    SMT REETA DEVI JAIN W/O HARISH CHAND JAIN,
                                AGED ABOUT 62 YEARS, R/O JAIN TYRE SHOP
                                SADAR BAZAR SHANKAR BAZAR KA TIRAHA
                                NEAR RUI KI MANDI MORENA (MADHYA
                                PRADESH)

                          2.    MANOJ JAIN S/O LATE SHRI HARISH CHAND
                                JAIN, AGED ABOUT 31 YEARS, R/O JAIN TYRE
                                SHOP SADAR BAZAR SHANKAR BAZAR KA
                                TIRAHA NEAR RUI KI MANDI MORENA (MADHYA
                                PRADESH)

                          3.    PRASHANT JAIN S/O LATE SHRI HARISH CHAND
                                JAIN, AGED ABOUT 47 YEARS, R/O JAIN TYRE
                                SHOP SADAR BAZAR SHANKAR BAZAR KA
                                TIRAHA NEAR RUI KI MANDI MORENA (MADHYA
                                PRADESH)

                          4.    SMT. MEENA JAIN W/O SHRI NEERAJ KUMAR,
Signature Not Verified
Signed by: JAI PRAKASH
SOLANKI
Signing time: 02-Nov-23
11:10:01 AM
                                                       2
                                R / O 1A NEW VIVEKANAND COLONY BALWANT
                                NAGAR UNIVERSITY ROAD GWALIOR (MADHYA
                                PRADESH)

                          5.    RAKESH KUMAR JAIN S/O LATE SHRI BABULAL
                                JAIN, AGED ABOUT 53 YEARS, R/O NEAR GANGA
                                GARDEN, JAIN TYREWALE AGRA BOMBY ROAD
                                MORENA (MADHYA PRADESH)

                          6.    KASTOORBA SHIKSHA PRASAR SAMITI MORENA
                                THROUGH SO CALLED SECRETARY RAKESH
                                KUMAR   JAIN KASTOORBA SHIKSHA SAMITI
                                MORENA (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                          (RESPONDENTS NO. 1 TO 3 BY SHRI G.S.SHARMA - ADVOCATE ON
                          CAVEAT )

                                This petition coming on for admission this day, the court passed the

                          following:
                                                               ORDER

At the outset, learned counsel for the petitioners/defendants No. 1 and 2 submits that there were some typographical errors in the written statement filed by his party in the trial Court and at about 3 or 4 places in the written statement in place of "Defendant/s" the word "Plaintiff" was written, therefore, he sought permission by filing an application in the trial Court to amend these typographical errors; however same was rejected by the Court below by order dated 17/10/2023 (Annexure P/1).

It is further submitted that he is giving an undertaking before this Court that only these typographical errors are needed to be corrected; otherwise, the whole judgment of the trial Court will go in wrong direction. He is not going to ask for cross-examination of plaintiffs' witnesses again on the basis of these amendments. He does not want to give any additional evidence, therefore, his prayer may be allowed.

Learned counsel for respondents/plaintiffs vehemently opposed the Signature Not Verified Signed by: JAI PRAKASH SOLANKI Signing time: 02-Nov-23 11:10:01 AM

prayer and prayed for dismissal of the petition.

In the considered opinion of this Court, typographical error should be allowed to be corrected because any time before the judgment, the Court has power to amend the issues as necessary and looking to the prayer, it does not seem that defendants have filed this application to delay the decision in the suit or to create any new ground in their defence.

Accordingly, petition is allowed and while setting aside the impugned order, petitioners are permitted to amend the written statement to the extent indicated hereinabove.

Let a copy of this order be sent to concerned trial Court for information.

(AVANINDRA KUMAR SINGH) JUDGE JPS/-

Signature Not Verified Signed by: JAI PRAKASH SOLANKI Signing time: 02-Nov-23 11:10:01 AM