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2021 Supreme(Sikk) 133

HIGH COURT OF SIKKIM
Jitendra Kumar Maheshwari, CJ.
Munni Devi & Ors. - Appellants
Versus
Dul Dul Prasad & Ors. - Respondents
C.M.C. No. 02/2021
Decided On : 27-07-2021

Advocates appeared:
Mr. Nayan Nepal, Advocate, for the Petitioner; Ms. Prarthana Ghataney, Advocate, for the Respondents

The court affirmed the principle that clerical errors in judgments can be corrected to maintain the integrity and accuracy of judicial orders.

Headnote:(A) Civil Procedure Code - Correction of Orders - The court corrected a clerical error in the order dated 02.07.2021 concerning the identification of parties. The name 'Anil Prasad' was improperly recorded and was corrected to 'Pradeep Prasad'. The correction is deemed part of the original Order. (Paras 2-3)

Facts of the case:
The case involves a correction application concerning an earlier order relating to a civil dispute between the appellants and respondents. The correction pertains specifically to the name of a party.

Findings of Court:
The court directed that the change in name be formally recognized as part of the order.

Issues: The main issue was the accuracy of party identification in the previous order.

Ratio Decidendi: The court held that clerical errors in order texts can be corrected to reflect the accurate intent of the judgment, ensuring proper identification of parties involved.

Result: The correction application was disposed of with the necessary amendment.

JUDGMENT

This Miscellaneous Civil Case is filed seeking correction at page no.1 at last line in the Order dated 02.07.2021 passed in WP (C) No. 21/2019 (Munni Devi & Ors. v. Dul Dul Prasad & Ors.).

The order stands corrected at page no.1 at last line, in place of “plaintiff/respondent no. 4, Anil Prasad” it be read as “plaintiff/respondent no.2, Pradeep Prasad”.

The aforesaid correction will be the part of Order.

With the aforesaid observation, C.M.C No.02/2021 stands disposed of.

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