In cases of misdescription of a party, the suit remains instituted from the date of presentation of the plaint.

1. - These three matters, one civil revision petition under Section 115 of the Code of Civil Procedure (CR No. 240/2007), and two writ petitions under Articles 226/227 of the Constitution of India (CWP Nos. 7474/2007 and 7475/2007) having been filed against similar nature orders dated 26.04.2007 as passed by the Additional District Judge No.1, Bikaner respectively in Civil Suits Nos. 44/2005, 42/2005 and 45/2005; and involving the same parties and similar nature issues, have been heard together and are taken up for disposal by this common order.

2. By the impugned similar nature orders dated 26.04.2007, the learned Trial Court has allowed the applications moved in the respective civil suits by the plaintiff Lal Chand under Order I Rule 10 read with Order 6, Rule 17 of the Code of Civil Procedure (CPC) to alter the name of the defendant No.1 firm from "M/s Bikaner Woolen Mills International" to "M/s B.W.M. International" while accepting the submissions of the plaintiff that earlier stated description of the defendant-firm in the plaint had been a bona fide clerical error. The petitioners are the defendants Nos. 2 and 5 in the said civil suits.

3. The background facts and relevant aspects of the matter are that the plaintiff Lal Chand Bothra has filed the aforesaid three civil suits for money recovery; and from the copy of the plaint relating to Civil Suit No. 44/2005, as placed on the record of CR No. 240/2007, it appears that the plaintiff has claimed money decree against the defendants with the submissions that his late mother had deposited certain amount with the defendant firm that has been duly shown in its books of accounts and balance confirmation had been issued on behalf of the defendant firm upto 31.03.2003 but not thereafter, despite demands. The plaintiff has alleged himself being entitled to one-third of the amount deposited by his late mother in the defendant firm.

4. The plaintiff has stated the cause title of the suit as under:-

"ykypUn cksFkj iq= Lo0 Jh rkyey cksFkjk tkfr cksFkjk mez 68 o"kZ fuoklh b.MLV~h;y ,fj;k jkuh cktkj chdkusjA 1- eSa] chdkusj owyu feYl bUVjus'kuy] IykWV ua0 1&ch] 1&Mh] b.MLV~h;y ,fj;k jkuh cktkj chdkusjA tfj;s izcU/kd Hkkxhnkj esa] chdkusj owyu feYl bUVjus'kuyA iz/kku dk;kZy; 4 ehj cksgj ?kkV LV~hV dydrk&7 2- fdlu pUn cksFkjk iq= Lo0 jkorey cksFkjk) 3- t;pUn yky cksFkjk iq= Jh fdlu pUn cksFkjk) 4- jktdqekj cksFkjk iq= Jh fdlu cksFkjk) 5- Js;ka'k cksFkjk iq= Jh t;pUn yky cksFkjk) 6- Lo.kZ yrk cksFkjk W/o Jh fdlu pUn cksFkjk) Hkkxhnkj reke eS0 chdkusj oqyu feYl b.Vjus'kuy fuoklhx.k ,&144 lknqy xat chdkusj"

5. The petitioners Kishan Chand Bothra and Shreyansh Bothra, defendants Nos. 2 and 5, have filed their written statement in the respective suits and, from the copy of the written statement in relation to Civil Suit No. 44/2005, it is made out that they have denied existence of defendant No.1 firm and have specifically stated that there was no such partnership firm "M/s Bikaner Woolen Mills International" and they are not the partners of any such alleged firm. While taking other objections regarding competence of the claim of the plaintiff, the defendants-petitioners have stated their objections regarding the defendant No.1 firm in the following terms:-

"16- ;g fd oknh us xyr ,oa vlR; rF;ksa ij vk/kkfjr okn izLrqr fd;k gSA eSllZ chdkusj owyu feyk bUVjus'kuy uke dh dksbZ Hkkxhnkjh QeZ vfLrRo esa ugha gSA ,slh QeZ IykWV uEcj 1&ch] 1&lh] 1&Mh b.MLV~h;y ,fj;k jkuh cktkj chdkusj esa fLFkr ugha gSA izfroknhx.k ,slh QeZ ds ikVZuj ugha gSA17- ;g fd vnkyr okyk dk lEeu izfroknhx.k ij Hkkxhnkj eSllZ chdkusj owyu feYl bUVjus'kuy fuoklhx.k ,&144] lknqyxat chdkusj ds irs ij Hksts x;s gSA izfroknhx.k bl rFkkdfFkr QeZ ds ikVZuj ugha gksus ds dkj.k mu ij xyr lEeu rkehy djok;sa x;s gSA dkuwuh isfpnfx;ksa ls cpus ds fy;s ,oa lgh fLFkfr vnkyr okyk le{k ykus ds fy, izfroknhx.k dk mij of.kZr vuqlkj dFku gS fd QeZ eS% chdkusj oywu feYl bUVjus'kuy uke dh u rks dksbZ QeZ vfLrRo esa gS vkSj uk gh mRrjnkrk izf