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2024 Supreme(P&H) 358

ANIL KSHETARPAL
Asha Rani – Appellant
Versus
Vandana Rani – Respondent


Advocates Appeared:
For the Appearing Parties : Mr. J.S. Thakur , Mr. Monty Goyal

JUDGMENT :

Mr. Anil Kshetarpal, J. :- In this revision petition, the defendant assails the correctness of the trial court’s order dismissing his application for permission to amend the written statement as well as the counter claim. In the counter claim, the petitioner has prayed for the grant of decree for the specific performance of the agreement to sell. In substance, the defendant submits that due to inadvertent mistake khasra no.219-355 has been written in the plaint, which is required to be corrected with khasra no.319-355.

2. The second proposed amendment is that the date 16.09.2017 is required to be replaced with 06.09.2017. The court below has refused the permission on the ground that the trial has commenced and the defendant’s evidence is going on. In the opinion of this Court, the order passed is without application of mind. Such typographical errors can always be corrected after the decision of the suit under Section 153 of the Code of Civil Procedure, 1908. In any case, the amendments are required to be categorized in various categories including procedural amendments, errors arising out of typographical or printing errors and substantive errors. For correcting arithmeti

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