IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Magma Leasing Limited – Appellant
Versus
Rageswari Mohanty – Respondent
| Table of Content |
|---|
| 1. correction of name due to typographical error. (Para 1 , 4) |
| 2. contentions regarding name correction in judgment. (Para 2 , 3) |
| 3. correction should serve justice without prejudice. (Para 5 , 7) |
| 4. legal precedents for judgment correction. (Para 6) |
| 5. i.a. for name correction allowed. (Para 8 , 9 , 10) |
Judgment :
A.C. Behera, J.
1. This is an interlocutory application, which has been filed by the respondent No.1 in a disposed of first appeal vide R.F.A. No.67 of 2006 praying for correction of one letter from her name i.e. from “j” to “g” in the cause title of the judgment and decree passed in that first appeal vide R.F.A. No.67 of 2006 to be read her name as Rageswari Mohanty instead of Rajeswari Mohanty.
The said first appeal vide R.F.A. No.67 of 2006 was preferred by a company i.e. M/s. Magma Leasing Ltd. challenging the judgment and decree passed in the suit vide M.S. No.13 of 1999.
In the suit vide M.S. No.13 of 1999, one company i.e. Consortium Finance and Leasing Ltd. was the defendant No.1.
As the suit vide M.S. No.13 of 1999 was decreed against the defendant No.1 i.e. Consortium Finance and Leasing Ltd. and as the assets and liabilities of defendant No.1-company i.e
Typographical errors in judgments may be rectified under Section 152 of the CPC if such corrections do not alter the merits of the case.
Civil Procedure Code, 1908 – Section 152 – Correction in decree – An unintentional mistake of court which may prejudice cause of any party, must be rectified – If unintentional mistakes could be rect....
The court affirmed the importance of accurately amending party names and substituting legal representatives in ongoing proceedings following a party's death.
The corrections made by the Trial Court were found to be clerical in nature and within the scope of Section 152 of CPC.
Courts have the authority to allow corrections in the cause title of judgments to rectify errors or inaccuracies.
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.
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