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2001 Supreme(HP) 64

M.R.VERMA
SWARAN SINGH – Appellant
Versus
PUNJAB KESARI, JALANDHAR – Respondent


Advocates Appeared:
Mr. Ajay Sharma, Advocate, for the Plaintiff; Mr Ravi Bakshi, Advocate for the Defendant No. 1; Mr. Pritam Singh, vice Counsel, for the Defendant Nos. 3 to 5.

JUDGMENT

M.R. Verma, J.—This is an application moved by the applicant/plaintiff (hereafter referred to as the plaintiff) under Order 6 Rule 17 read with Section 151 of the Civil Procedure Code praying for amendment of plaint on the grounds that because of typographical mistake the name of defendant No. 4 has wrongly been typed as "Jagdish Ram Kaundal" instead of "Jagat Ram Kaundal" and that such mistake came to notice immediately before filing of this application, therefore, the necessary correction of the name of defendant No. 4 may be allowed and that non-applicant/defendant No. 1 (hereafter referred to as D-l) had raised the objection that such defendant could not be sued through Editor because the "Punjab Kesari is the title of the newspaper registered under the name and style of Hind Samachar Limited Company incorporated under the Companies Act and while maintaining that Editor can be sued through the title name also it is averred that in view of the disclosure made by D-l, it is "necessary to add the said Company as defendant No. 1 instead of the name earlier mentioned" and that such amendment is necessary for the purpose of determining the real question in controversy betwee













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