Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

CLR/ 86/ 2025

Hon'ble Rakesh Thapliyal, J.

1. Mr. Nikhil Singhal, Advocate for the

revisionist.

2. Mr. Bhuwan Bhatt, Advocate for the

respondents.

3. The present civil revision has been preferred by the revisionist against the order dated 21.07.2025 passed by learned IInd Additional Civil Judge (S.D) Haridwar in O.S. No. 45 of 2024, “ Smt. Shahnaz and other vs. Smt. Jamsheeda and others” whereby the paper no. 56A1 filed by defendants under Order 6 Rule 17

read with Section 151 C.P.C. was rejected.

4. It is contended by the learned counsel for the revisionist that the amendment as sought in the written statement is nothing but rectification of a typographical and the same will neither change the nature of the suit nor it amount to withdrawal of any admission; however, the court concerned rejects the same in a very mechanical manner. Apart from this he submits that plaintiff also sought an amendment but the same was allowed by observing that the suit is at the initial stage and the issue has not been framed. He submits that even on the date when the application of the defendant/revisionist was dismissed, no issue were framed and the suit was

at an initial stage.

5. I perused the order impugned and it reveals that while rejecting the application, the court concerned has not examined this aspect that the amendment has sought is nothing but the rectification of a typographical error, therefore, the order dated 21.07.2025 passed by learned IInd Additional Civil Judge (S.D) Haridwar in O.S. No. 45 of 2024, “ Smt. Shahnaz and other vs. Smt. Jamsheeda and others” cannot be sustain

and as such the same is liable to be set aside.

6. Accordingly, the present civil revision is

allowed. The order dated 21.07.2025 passed by learned IInd Additional Civil Judge (S.D) Haridwar in O.S. No. 45 of 2024, “Smt. Shahnaz and other vs. Smt. Jamsheeda and others” is set aside. Simultaneously, the amendment as sought by the present revisionist is also allowed. The revisionist is directed to make necessary amendment in the written statement within 15 days from the date of production of certified copy of this order.

(Rakesh Thapliyal, J.)

16.09.2025 Nahid