IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 17.03.2026 Vinod Kumar ...Petitioner(s)

Vs.

Harjit Singh ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Sanjeev Sharma, Senior Advocate with Mr. Jugansh Goyal, Advocate and Mr. Vivek Kathuria, Advocate for the petitioner.

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NIDHI GUPTA, J.

CM-21139-CII-2025 This is an application under Section 151 CPC for placing on record the lower Court record pertaining to Civil Suit No. 41 of 2017 filed before Civil Judge (Junior Division), SAS Nagar Mohali as Annexure P-7.

2. Heard.

3. Application is allowed; and the lower Court Record is taken on record as Annexure P-7, subject to all just exceptions. Registry is directed to tag the same at appropriate place.

CR-4679-2019 (O&M)

Present Civil Revision Petition under Article 227 of Constitution of India has been filed by the plaintiff/decree holder seeking setting aside of the order dated 06.04.2019 (Annexure P-6) passed by learned Civil Judge (Junior Division), SAS Nagar in EXE-155-

2018; whereby application filed by the petitioner/decree holder under Sections 151, 152 and 153 CPC for correction of particulars of the defendant/judgment-debtor, has been dismissed by the learned Executing Court.

2. It is inter alia submitted by learned Senior Counsel for the petitioner that it is only in the Memo of Parties as mentioned in the plaint (Annexure P-1) that name of the defendant has been inadvertently wrongly mentioned to be Harjeet Singh S/o Sohan Singh R/o Ballomajra, Tehsil & District SAS Nagar; whereas the same should be Harjeet Singh S/o Sajjan Singh R/o Ballomajra, Tehsil & District SAS Nagar having second address as R/o village Hansali, Fatehgarh Sahib.

3. Learned Senior Counsel contends that the same is merely a typographical and clerical error. Therefore, in terms of provisions of CPC, the same is liable to be corrected. In support, learned Senior Counsel for the petitioner relies upon judgment of Karnataka High Court in Kamalavva vs. Veerabhadrappa, 2014 SCC OnLine Kar 1080.

4. Heard. Perused.

5. Brief facts of the case in chronological order are as follows: - 22.12.2016: Plaintiff/petitioner had filed a Civil Suit dated 22.12.2016 (Annexure P-1) for possession and injunction through specific performance of Agreement to Sell dated 10.11.2014 (Annexure P-2). Inadvertently, in the memo of parties to the suit, particulars of the sole defendant were mentioned by the petitioner as: Harjeet Singh S/o Sohan Singh R/o Ballomajra, Tehsil & District SAS Nagar.

18.05.2017: When this error came to the notice of the petitioner while effecting service of summons on the defendant, petitioner duly provided correct particulars of the defendant as follows: Harjeet Singh S/o Sajjan Singh R/o Ballomajra, Tehsil & District SAS Nagar having second address as R/o village Hansali, Fatehgarh Sahib.

Pursuant thereto, following Service Report dated 18.5.2017, was received from the Process Server:

“It is submitted that in compliance of orders of this Hon'ble Court I visited the given address and enquired about Harjit Singh son of Sajjan Singh s/o Sarvan Singh, where his son Daljinder Singh affixed his signatures on the summons and told that Harjit Singh is missing for the last about one and a half years. Report is submitted please.

Amritpal Singh

18.05.2017”

19.5.2017: In the meantime, Service Report dated 19.05.2017 in respect of notice issued to incorrect address of the defendant as mentioned in the memo of parties, was also received back to the following effect: -

“Respected Sir It is submitted that by visiting the given address I asked about Harjit Singh S/O Sohan Singh S/0 Sarwan Singh but Lambardar Labh Singh verbally Informed that no such person of above name resides in the village. His signatures were obtained as witness. Report presented please.

19-5-17 Sd/-

Process Server Sd and stamped/-

(Spot Witness)

Labh Singh (Nambardar)”

23.08.2017: Thereafter, as defendant failed to put in appearance, Service was sought to be affected upon hi