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2020 Supreme(Jhk) 428

ANUBHA RAWAT CHOUDHARY
Om Prakash Agarwal – Appellant
Versus
Sudha Agarwal – Respondent


Advocates Appeared:
For the Petitioner:Mr. L.K. Lal, Mr. Pradipto Mitra, Advocate.
For the Defendant :Mr. Kundan Kr. Ambastha, Mr. Anurag Chandra, Advocate.

JUDGMENT :

I.A. No. 10594 of 2019

1. Heard Mr. L.K. Lal, learned counsel along with Mr. Pradipto Mitra, learned counsel appearing on behalf of the plaintiff.

2. Heard Mr. Kundan Kr. Ambastha, learned counsel along with Mr. Anurag Chandra, learned counsel appearing on behalf of the defendant.

3. Learned counsel for the plaintiff submits that this interlocutory application has been filed under Section 151 of Code of Civil Procedure by the plaintiff seeking leave to replace the Evidence-in-Chief on affidavit of the applicant witness no.1 filed on 28.10.2016 by the corrected copy of Evidence-in-Chief on affidavit of applicant witness no. 1 filed on 18.11.2019.

4. The learned counsel further submits that due to inadvertence and bona fide mistake, some typographical errors have occurred in para 2, 9 and 13 of the Evidence-in-Chief on affidavit of the applicant witness no. 1 in mentioning the date of death of Dayanand Lal Agarwal, the exhibit number of the Will marked by learned Sub-Judge - I, Lohardaga in Partition Suit No. 08 of 2000 and the number of L.A. cases. He further submits that the aforesaid mistakes in the aforesaid paragraphs of Evidence-in-Chief on affidavit of applicant witness

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