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2015 Supreme(SC) 491
SUPREME COURT OF INDIA
Anil R. Dave, Kurian Joseph, JJ.
T.N. Raghupathy - Appellant
Vs.
High Court of Karnataka and Ors. - Respondents
Interlocutory Application No. 2 of 2014 in Civil Appeal No. 11439 of 2014
Decided On: 26.03.2015
Courts may grant applications to correct mistakes in appearance records and judgments.
Headnote:
Mistake - Appearance Record - The court granted the application to delete the name of a counsel from the proceedings and judgment due to a mistake in the appearance record.
Fact of the Case:
The applicant argued that the name of a counsel was mistakenly recorded in the appearance slip and judgment, despite the counsel not appearing in the matter.
Finding of the Court:
The court found that a mistake had been committed in the appearance slip, leading to the incorrect recording of the counsel's name in the proceedings and judgment. The court granted the application to delete the counsel's name from the records.
Issues: Mistaken recording of counsel's name in the appearance slip and judgment.
Ratio Decidendi: The court's decision was influenced by the fact that the counsel had not actually appeared in the matter, and a mistake had been made in the appearance slip, leading to the incorrect recording of the counsel's name.
Final Decision: The court ordered the deletion of the counsel's name from the proceedings and judgment.
Order
1. Mr. Vikas Mehta, learned Counsel, appearing for the applicant-Respondent No. 4 has submitted that Shri Aditya Sondhi, learned senior Counsel, had in fact not appeared in the matter and yet his name has been recorded in the order as well as appearance shown in the proceedings.
2. He has further submitted that the name of the learned Counsel has been recorded because a mistake had been committed in the appearance slip submitted by the learned Advocate-on-Record on 8th and 16th December, 2014. Though Shri Aditya Sondhi had not appeared, his name had been stated in the appearance slip and therefore, his name is recorded in the judgment as well as in the appearance.
3. So as to support his submission, an affidavit has been filed by the learned Counsel.
4. In view of the above fact and on the basis of the affidavit filed by the learned Counsel, the payer made in the application is granted and it is ordered that name of Shri Aditya Sondhi, learned senior Counsel be deleted from the proceedings dated 8th December, 2014 as well as from the judgment dated 16th December, 2014 in Civil Appeal No. 11439/2014.
