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2015 Supreme(All) 2756

MANOJ KUMAR GUPTA
Chhotey Lal – Appellant
Versus
Laxman – Respondent


Advocates Appeared:
For the Petitioner: Kamlesh Kumar Tiwari.

JUDGMENT

Manoj Kumar Gupta, J.

By means of this petition under Article 227 of the Constitution, the petitioner is challenging the order dated 28.1.2015 passed by the trial court in Original Suit No.189 of 2002, whereby the application file by the plaintiff-respondents seeking correction of typographical error in the plaint, has been allowed, as well as the order dated 29.5.2015 passed by the District Judge, Kushi Nagar dismissing the revision.

2. It seems that after the evidence of the parties was over and the matter was being posted for arguments, an application was filed by the plaintiff-respondents paper no. 39-G2 purporting to be under Order 6 Rule 17 read with section 151 CPC. In the application, it was stated that on account of typing error, in paragraph 3 of the plaint, new number of the suit property has been mentioned as 1079 instead of 1077, although, the correct number has been duly mentioned in paragraph 9 of the plaint. It was further pointed out in the said application that the same mistake had occurred in paragraph 4 and 10 of the affidavit filed in support of the plaint. The application was allowed by the trial court on payment of cost of Rs.400/-, holding that the mis




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