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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mr. Justice Narendra Singh Dhaddha, J
LIAQAT KHAN SON OF LATE SHRI RAHIM KHAN – Appellant
Versus
SMT. MUMTAZ D/O LATE SHRI RAHIM KHAN – Respondent
Order :
1. This civil writ petition has been filed by the petitioners-defendants (for short ‘the defendants’) against the order dated 07.11.2024 passed by Additional District Judge, Fatehpur Shekhawati, Sikar in civil suit No. 139/2016, whereby the trial Court dismissed the application filed by the defendants under Order 6 Rule 17 read with Section 151 CPC .
2. Learned counsel for the defendants submits that respondent-plaintiff (for short ‘the plaintiff’) has filed a suit for partition, rendition of accounts and permanent injunction against the defendants in which defendants filed an application before the trial Court under Order 6 Rule 17 CPC seeking permission to amend their written statement on account of typographical error crept therein. Due to typographical error, Rahim Khan’s share in disputed property was wrongly typed 1/5th instead of 1/4th. Defendants have also filed their written statement wherein it was typed as defendant Nos. 1 to 7 instead of defendant Nos.1 to 5. So, these are typographical error but the trial Court dismissed the application filed by the defendants. Learned counsel for the defendants submits that on account of said amendment no substantial change
Amendments to correct typographical errors in pleadings should be allowed as they do not affect the substance of the case.
The court ruled that typographical errors in judgments and decrees can be rectified under Section 152 of the Code of Civil Procedure, ensuring accuracy in legal documents.
Amendments to pleadings are permissible to correct typographical errors if they do not alter the fundamental nature of the case, promoting justice.
The court affirmed that amendments to pleadings should be allowed liberally to ensure effective adjudication of the real questions in controversy, provided they do not cause injustice to the other si....
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