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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Bhagwat Singh – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Miscellaneous Application No. 429 of 2022 in S.B. Criminal Miscellaneous Petition No. 2091 of 2020
Decided On : 07-12-2022
Modification - Typographical Error - The court allowed a modification in the order to correct a typographical error in the cause title and the order itself.
Fact of the Case:
The applicant filed a misc. application seeking correction/modification in the order dated 04.09.2020 due to a typographical error in the cause title and the order itself.
Finding of the Court:
The court allowed the misc. application and ordered the correction/modification to rectify the typographical error.
Issues:
Ratio Decidendi: The court's decision was based on the inadvertent typographical error and the applicant's submission for necessary correction.
Final Decision: The misc. application was allowed, and the order dated 04.09.2020 was modified to correct the father's name of the applicant.
JUDGMENT
Manoj Kumar Garg, J. - The instant misc. application has been filed on behalf of the applicant seeking correction/modification in the order dated 04.09.2020, passed by this Court in SB Criminal Misc. Petition No.2091/2020 whereby the petition was disposed of.
2. Counsel for the applicant submits that on account of inadvertent typographical error, in the cause title of the case, the name of father of the petitioner has wrongly been mentioned as ’Kesar Singh’ instead of ’Shambhu Singh’. Counsel submits that the aforesaid error also crept in the order dated 04.09.2020 passed by this Court. Therefore, it is prayed that necessary correction be made in the order dated 04.09.2020.
3. In view of above submissions made and for reasons stated in the application, the misc. application is allowed. It is ordered that in the order dated 04.09.2020, the father’s name of the applicant be read as ’Shambhu Singh’ instead of ’Kesar Singh’. To that limited extent, the order dated 04.09.2020 stands modified/corrected.
The court has the discretion to allow modification to correct typographical errors in orders.
Courts can permit correction of typographical errors in cause titles and have discretion to extend the time granted to the petitioner based on the circumstances.
Courts may permit corrections for typographical errors in legal documents if the error is found to be inadvertent.
The court established that clerical errors in legal documents can be corrected to ensure the accuracy and integrity of judicial records.
The court upheld the principle of correcting typographical errors in legal documents to reflect accurate representation and intent.
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 authority to correct typographical errors in orders to rectify mistakes.
Modification of court order's cause title for deceased petitioner is permissible to ensure justice.
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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