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2025 Supreme(Gau) 1036
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
BUDI HABUNG, J.
Koi Taipodia, Son of Late Duko Taipodia - Appellant
Versus
The State of AP and Ors - Respondents
CRP 47 of 2025
Decided On : 19-05-2025
For the Appellant : Regum Nabam, A Linggi
For the Respondent: GA (AP)
A party may seek to amend the cause title of a petition to correct inadvertent errors, allowing for proper classification under Article 226 of the Constitution.
Headnote:(A) Constitution of India - Article 226 - The petitioner, originally filed under CRP, sought permission to correct the petition type to a writ petition under Article 226 due to inadvertent registration - Application for amendment of cause title granted, allowing necessary corrections to be made. (Paras 1-4)
(B) Legal procedures - The court emphasizes the need for proper classification of petitions and the flexibility to amend incorrect registrations to serve justice appropriately. (Para 3)
Facts of the case:
The petitioner, Koi Taipodia, mistakenly filed a petition as CRP 47 of 2025 instead of as a writ petition under Article 226 of the Constitution of India, requesting corrections in the index and cause title.
Findings of Court:
The court granted the petitioner the permission to amend the cause title and ordered the Registry to re-register the petition as a writ application under Article 226.
Issues: The primary issue was the petitioner’s request to amend the registration from CRP to a writ petition to reflect the accurate nature of the application.
Ratio Decidendi: The court found that the amendment was necessary to correct the inadvertent error and facilitate the proper course of justice, prioritizing accuracy in legal proceedings.
Result: Petition allowed for amendment.
| Table of Content |
|---|
| 1. correction of petition type and index error. (Para 1 , 2) |
| 2. court allows amendments to filings. (Para 3 , 4) |
| 3. future listing post amendments. (Para 5) |
JUDGMENT :
BUDI HABUNG, J.
1. Mr. R. Nabam, learned counsel for the petitioner submits that inadvertently this petition has been mentioned as CRP resulting in registration as CRP/47/2025, however, the petition was intended to be filed as a writ petition under Article 226 of the Constitution of India, therefore, prays for allowing him to correct the CRP into writ petition.
2. The learned counsel for the petitioner also submits that there is also some error in the index and page no. 1 of the cause title and prays for allowing him to correct the same as well.
3. The prayer is considered and allowed.
4. The petitioner may amend the cause title and, on such amendment, the Registry shall do the needful and re-register by converting the CRP into writ petition under 226 of the constitution of India.
5. Let this matter be listed after making the necessary amendment of the cause title as stated above.
