$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.F.A. 9/2012 DEVENDER SINGH & ANR .....Appellants Through: Mr. B.K. Pandey, Adv.

versus MAHENDER KUMAR .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 03.02.2026

1. This hearing has been done through hybrid mode.

CM APPL. 7293/2026 (Passing appropriate order/direction for making correction in memo of parties )

2. The present application under Section 151 of the CPC filed on behalf of appellant No.1/applicant seeks the following prayers:-

“It is, therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to pass appropriate order/direction for making correction in the Memo of Parties to the extent of the spelling name of the Davender Singh at the place of Devender Singh and according take on record the accompanying Amended Memo of Parties on record in the Prayed accordingly.”

3. The present application has been filed seeking rectification of name of the appellant No.1.

4. Vide order dated 13.04.2012, the learned Predecessor Bench of this Court had disposed of the captioned appeal by observing as under: -

“ Counsel for the appellants after arguments does not press the appeal but prays that he should be granted liberty to move an application before the Executing Court so that he can arrive at a compromise with the respondent for a reduced amount of interest.

Appeal is accordingly dismissed as withdrawn with aforesaid liberty ”

5. Thereafter, in CM APPL. 12924/2025, filed on behalf of the appellants, the following order has been passed on 04.03.2025: -

“CM APPL. 12924/2025 (directions)

1. The present application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the applicants/appellants No.1 and 2 seeking the following relief:-

“It is, therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to pass appropriate order/direction for for modification of Order dated 05.05.2017 thereby release the deposited amount of Rs. 5,74,000/- each with accrued interest to the appellants No. 1 and 2 / applicants separately and not jointly in the present facts and circumstances of case.”

2. In pursuance of the order dated 31.05.2010, two demand drafts bearing No. 153040 and 153041 for a sum of Rs.5,74,000/- each were deposited by the appellants No.1 and 2. Subsequently, the appeal was dismissed as withdrawn vide order dated 13.04.2012. On an application being moved by the appellants, this Court, vide order dated 08.02.2017, directed the Registry to return the amount kept in the form of FDR along with the interest accrued thereon to the applicants/appellants. However, the said amount was not released, and the matter was put up on office note to seek direction that in what proportion the amount has to be released in favour of the appellants.

3. Since two demand drafts of equal amount were deposited by the appellants, let the amount lying with the Registry be released in favour of the appellants No. 1 and 2 in equal proportion separately along with the interest accrued thereon after due verification and as per rules.

6. Learned counsel for the applicant submits that the correct spelling of the name of the Appellant No.1 is “Davender Singh” and not “Devender Singh” and an amended memo of parties with respect to the same has been annexed with the present application. It is further submitted that the ownership documents filed by the appellant No.1 in the present case also reflects the correct spelling of the name, i.e., Davender Singh. However, while filing the present case, the spelling has been wrongly typed. Relevant ownership documents as well as aadhar card of the appellant No.1 reflecting the correct spelling of his name as ‘Davender Singh’ have also been annexed along with the present application. It is further submitted that on account of this error in the name of appellant No.1(Davender Singh) in the memo of parties and the cause title of the records of the present appeal, appellant No.1 is not able to seek