This Writ Petition is filed by the petitioner against the order passed by the learned Civil Judge,S.D.,Pune on 25/3/2008 allowing the amendment in the plaint under section 151 and 152 of the Code of Civil Procedure, 1908 (“The Code” for short).

FACTUAL MATRIX –

2] The respondents/original plaintiffs had filed Regular Civil Suit no. 257/96 against the petitioner/original defendants for declaration and entering their names in the record of rights about Gat no.1238 of Mouje Winzar, Tal. Velhe, Dist.Pune. The said suit was decreed on 27/3/2003.No appeal was filed. However, on 25/3/2008 the respondents i.e. original plaintiffs made application under section 151 and 152 of the Code for making amendment in the plaint and correction in the judgment and decree in respect of the description of the suit property which was wrongly described as Gat no.1938 instead of Gat no.1238. The learned Judge allowed the application by holding that the errors are due to accidental slip and it was necessary to correct to meet the ends of justice.

SUBMISSIONS

3] The learned counsel appearing for the petitioners has submitted that this is not an accidental slip or arithmetical error in the judgme