Amritpal Singh vs Gurdial Kaur (Died) Thr Lrs And ...
2023 Latest Caselaw 19024 P&H

                                                   Neutral Citation No:=2023:PHHC:140397




                                        2023:PHHC:140397
144 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                        CR-451-2023 (O&M)
                                        Date of decision: 03.11.2023
Amritpal Singh
                                               ....Petitioner

            Versus

Gurdial Kaur (died) through her LRs and others
                                           ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:- Mr. Vivek K Thakur, Advocate for the petitioner

Mr.Som Nath Saini, Advocate for respondent no.1(i) and 2

ANIL KSHETARPAL, J (Oral)

1. By filing the present revision petition under Article 227

of the Constitution of India, the correctness of the order dated

08.12.2022, passed by the learned Civil Judge, Junior Division,

Kharar, has been challenged. The court has allowed the application

filed under Sections 151, 152 and 153 of the Code of Civil

Procedure, 1908. The court has merely corrected the memo of

parties of the suit. During the pendency of the suit, Smt. Gurdial

Kaur-defendant no.1 died. Her grandchildren were brought on

record as her legal representatives. However, while passing the final

judgment, there was a mistake in the memo of parties, as the names

of her legal representatives were not reflected as the plaintiff filed

amended memo of parties without incorporating their names.

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Neutral Citation No:=2023:PHHC:140397

CR-451-2023 (O&M) 2 2023:PHHC:140397

2. Learned counsel representing the petitioner contends

that the court fell in error in allowing the application after a period

of 16 years. In fact, this was the mistake of the court. The court

was bound to correct it. The provisions of Sections 152 and 153 of

the Code of Civil Procedure, 1908, enable the court to carry out

such corrections, even after the suit is decided. Hence, no ground to

interfere is made out.

3. Dismissed.

4. All the pending miscellaneous applications, if any, are

also disposed of.

03.11.2023                                   (ANIL KSHETARPAL)
rekha                                              JUDGE
Whether speaking/reasoned :      Yes/No
Whether reportable :             Yes/No

Neutral Citation No:=2023:PHHC:140397

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