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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
SHRI BIRBAL MEMORIAL EDUCATION SAMITI (SIDDHANT INSTITUTE OF NURSING) – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
I.A. No.2/2025:-
1. The matter comes up on an application preferred on behalf of the applicant for correction/modification in the particulars of petitioner in the cause title of the writ petition. in the cause-title of the writ petition, particulars of the petitioner were wrongly inserted and has been mentioned as “Shri Birbal Representative Manish Kumar Sharma, S/o. Rameshwar Prasad Sharma, Aged about 40, R/o. 123 Brahman Mohalla Kalsara, Bharatpur”, whereas, it should have been “Siddhant College of Nursing Vigyan Nagar, Jagatpura, Jaipur, Rajasthan through its Representative Manish Kumar Sharma S/o. Rameshwar Prasad Sharma, Aged about 40, R/o.123, Brahman Mohalla Kalsara, Bharatpur”. He, therefore, prays that necessary corrections may be incorporated in the cause-title of the writ petition.
3. In view of the submission made and for the reasons mentioned in the application, the same is allowed. In the cause- title of the writ petition, the particulars of the petitioner be now read as under:-
“Siddhant College of Nursing Vigyan Nagar, Jagatpura Jaipur, Rajasthan through its Representative Manish Kumar Sharma S/o. Rameshwar Prasad Sharma, Aged about 40, R/o.123, Brahman Mohalla
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 affirmed the importance of accurately amending party names and substituting legal representatives in ongoing proceedings following a party's death.
The court established that typographical errors in legal documents can be corrected to ensure accurate representation of parties in legal proceedings.
The court has the discretion to allow modification to correct typographical errors in orders.
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.
The court upheld that amendments to a decree are contingent upon prior amendments to the original petition's cause-title, as per procedural requirements under the Hindu Marriage Act.
The court established that clerical errors in judicial orders can be corrected to uphold the accuracy and integrity of legal documents.
Typographical errors in judgments may be rectified under Section 152 of the CPC if such corrections do not alter the merits of the case.
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