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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vijay Bishnoi, J.
Sikar Vikas Shikshan Anusandhan Sansthan – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Writ Misc Application No. 125 of 2022
Decided On : 25-04-2022
Rectification - Cause Title - The court rectified a bonafide mistake in the cause title of an order by substituting the incorrect respondent with the correct one.
Fact of the Case:
The petitioner filed an application seeking correction in the cause title of an order due to a mistake in the respondent's details.
Finding of the Court:
The court found the mistake to be bonafide and ordered its rectification by substituting the incorrect respondent with the correct one.
Issues: Correction of cause title due to a mistake in respondent's details.
Ratio Decidendi: The court rectified the mistake in the cause title as it was deemed bonafide.
Final Decision: The court ordered the rectification of the mistake in the cause title and directed the amended cause title to be taken on record, thereby disposing of the application.
JUDGMENT
Vijay Bishnoi, J. - This application under article 226 of the Constitution of India has been filed on behalf of the petitioner seeking correction in the cause title of the order dated 30.03.2022 passed by this Court in SBCWP No.4624/2022.
2. Learned counsel for the applicant-petitioner has submitted that while drafting SBCWP No.4624/2022, the detail of respondent No.4 had wrongly been typed out as 'Private Physiotherapy, Nursing and Para Medical Institutions Society, Branch Office Jodhpur; Through its Secretary, Plot no.273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan.', whereas the petitioner is affiliated to 'Rajasthan Private Nursing Schools and Colleges Federation, through its Secretary, 357 Laxmi Nagar, Paota, B Road, Jodhpur. Consequently, the said mistake has also occurred in the title part of the order dated 30.03.2022. The learned counsel for the applicant-petitioner has, therefore, prayed that the aforesaid inadvertent mistake may kindly be ordered to be corrected.
3. Having heard learned counsel for the applicant-petitioner, this Court is of the opinion that the aforesaid mistake is nothing but a bonafide one and the same is required to be rectified.
4. Hence, the aforesaid mistake occurred in the title part of the order dated 30.03.2022 passed in SBCWP No.4624/2022 is rectified and it is ordered that the respondent No.4 is substituted by Rajasthan Private Nursing Schools and Colleges Federation, through its Secretary, 357 Laxmi Nagar, Paota, B Road, Jodhpur.
5. amended cause title, already filed, be taken on record.
6. The application stands disposed of.
Courts may rectify bonafide mistakes in cause titles to ensure accuracy and fairness in legal proceedings.
The court allowed corrections in the cause title of a writ petition to reflect the accurate identity of the petitioner, emphasizing the importance of proper representation in legal documents.
The court established that typographical errors in legal documents can be corrected to ensure accurate representation of parties in legal proceedings.
Judicial orders can be rectified to correct bona fide errors to ensure clarity and accuracy in legal proceedings.
The court established that clerical errors in judicial orders can be corrected to uphold the accuracy and integrity of legal documents.
The court has the discretion to allow modification to correct typographical errors in orders.
Courts have the authority to order the correction of typographical errors in previous orders to accurately reflect the intentions of the parties involved.
The court has the discretion to allow modification of a court order based on valid reasons presented by the applicant.
Minor clerical errors in legal documents should not lead to unnecessary litigation or the requirement of succession certificates, as they can be corrected to ensure justice.
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