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SUBODH ABHYANKAR
Aavesh S/o Kadir – Appellant
Versus
Union Of India – Respondent
ORDER :
This case is yet another personification of how important the punctuations are in the legal proceedings.
1. This petition has been filed by the petitioners under Article 227 of the Constitution of India against the order dated 26/10/2023, passed by Second Additional District Judge, Dr. Ambedkar Nagar, District Indore (M.P.) in case No.X/MJC/15/22 whereby the petitioners’ application under Section 151 and 152 of CPC for correction of typographical mistake has been rejected.
2. In brief, the facts of the case are that petitioners No.1 to 4 are sons and petitioner No.5 is wife of Late Kadir, R/o: Village Mahudia Bujurg, Tehsil Mhow, District Indore. Admittedly, the land belonging to Kadir was acquired by respondent No.1 Union of India in 1989, and the award was passed on 31/12/1988. The reference regarding which u/s.18 was filed by the petitioners on 02/03/1989, under the signatures of all the petitioners namely 1.Aavesh, 2.Sajjad Hussain, 3.Anas and 4.Mehmood and 5. Hurbano, however, on account of a minor clerical error on the part of counsel appearing for the petitioners in the aforesaid proceedings, he, by mistake, mentioned the names of the petitioners as Aavesh, Sajjad, Huss
Minor clerical errors in legal documents should not lead to unnecessary litigation or the requirement of succession certificates, as they can be corrected to ensure justice.
Substance over technicalities in correction of typographical errors in legal documents.
The corrections made by the Trial Court were found to be clerical in nature and within the scope of Section 152 of CPC.
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....
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