Joginder Singh Through His Lrs vs Charanjit Singh(Since Deceaed) ...
2024 Latest Caselaw 9114 P&H

Punjab-Haryana High Court

Joginder Singh Through His Lrs vs Charanjit Singh(Since Deceaed) ... on 29 April, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                  Neutral Citation No:=2024:PHHC:058408




CR-4954-2023(O&M)                                           2024:PHHC:058408
                                                                             -1-

131          IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

                                          CR-4954-2023(O&M)
                                          Date of decision :29.04.2024

Joginder Singh (since deceased)
through his Lrs                                             ...Petitioners

                                          Vs.

Charanjit Singh(since deceased)
through Lrs and others                                      ...Respondents


CORAM:- HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:    Mr. Shubham Goyal, Advocate
            for the petitioners.

            Mr. Rohit Sud, Advocate
            Mr. Akhil Aggawal, Advocate and
            Ms. Kuljeet Kaur, Advocate
            for the respondents.
                               ***

ANIL KSHETARPAL, J. (Oral)

1. In this revision petition, the plaintiff assails the correctness of

interlocutory order passed by the trial Court while dismissing his application

for permission to amend the plaint. The petitioner claims that on account of a

typographical error, the area of Khasra No. 414 min has been typed 2 kanals 14

marlas, whereas, the correct area is 02 kanals 10 marlas. It has also been

pointed out that the second printing error is in the total area, which should be

corrected to 05 kanals instead of 05 kanals 04 marlas.

2. The trial Court has dismissed the application on the ground that it

has been filed after a delay of more than 2½ years from the date the plaintiff

came to know of the mistake.

3. Heard the learned counsel representing the parties at length and

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Neutral Citation No:=2024:PHHC:058408

CR-4954-2023(O&M) 2024:PHHC:058408

with their able assistance perused the paper-book.

4. Learned counsel representing the petitioner submits that the

mistake has occurred due to inadvertent typographical error and it should have

been permitted to be corrected.

5. Per contra, learned counsel representing the respondents submits

that the petitioner came to know of the mistake in the year 2019, whereas, the

application was filed in April, 2023. Hence, the application was filed after

unexplained delay of nearly 3½ years.

6. This Court has considered the submissions of the learned counsel

representing the parties.

7. The amendment of pleadings sought in this case can be

categorized in formal amendments arising from a typographical or inadvertent

errors and it does not fall in the category of substantive amendments. The

formal amendments arising from printing, clerical or typographical errors can

be permitted to be corrected under Section 152 of the Code of Civil Procedure,

1908, even after the judgment has been pronounced. In this case, it is evident

that the error is only on account of printing or typographical error.

8. Hence, the application is allowed. The impugned order dated

11.07.2023, is set aside.

9. The revision petition stands allowed.

                                                       (ANIL KSHETARPAL)
                                                             JUDGE
29.04.2024
neeraj
             Whether speaking/reasoned :         Yes          No

             Whether Reportable :                Yes          No




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