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Scanned Judgements…!
Typographical or typing errors in civil cases are generally considered clerical errors, which are mistakes in writing or typing caused by accidental slips, omissions, or careless mistakes. Such errors are often apparent on the face of the record and do not require extensive argument to identify. For example, an error arising out of or occurring from accidental slip or omission is an error ["2024 0 Supreme(Jhk) 405"].
When a typing error is identified, the typical course of action is to seek correction or rectification through appropriate legal procedures. This can involve filing an application under Section 152 of the Civil Procedure Code (CPC) for correction of clerical or typographical mistakes in orders, judgments, or records. Courts generally allow such corrections if the error is clear and evident, such as date mistakes, figure misprints, or typographical slips ["2023 Supreme(Online)(RAJ) 14873"].
It is important to distinguish between genuine clerical/typing errors and other mistakes that may require different remedies. For instance, errors that are not accidental or are due to neglect do not qualify as clerical errors. The correction process is typically quick and straightforward when the mistake is apparent and unambiguous ["2024 0 Supreme(Jhk) 405"].
Courts have emphasized that correction of clerical errors should not involve extensive reasoning or inference; the error must be clear and visible on the record. For example, a court rejected an order for correction if the mistake was not evident or was due to neglect, rather than a clerical slip ["2020 0 Supreme(P&H) 30"].
In practice, upon identifying a typing error, parties can file a petition for correction, which the court may entertain if the mistake is manifest. This includes correcting dates, figures, or words that are clearly misprinted or mistyped ["2023 Supreme(Online)(RAJ) 14873"].
Summary:In civil cases, typing errors are treated as clerical mistakes that can be rectified by filing an application under Section 152 CPC. The correction is granted if the error is clear, apparent on record, and not due to neglect or other substantive issues. Courts prefer simple, straightforward corrections without extensive reasoning ["2024 0 Supreme(Jhk) 405"] ["2023 Supreme(Online)(RAJ) 14873"].
In the fast-paced world of civil litigation, a simple typing error in court documents, judgments, or orders can cause unnecessary delays and confusion. Imagine discovering a misspelled name, wrong date, or transposed figure after a judgment is pronounced—frustrating, right? Many litigants ask: In civil matters, if there is any typing error, what should we do? This blog post breaks down the legal framework, court's powers, procedures, and practical tips to address such issues effectively.
While this information is based on established legal principles, primarily from Indian civil procedure, it is general in nature and not a substitute for professional legal advice. Consult a qualified lawyer for your specific case.
Courts in civil proceedings generally possess to correct typing or clerical errors, provided they are that do not affect the . This authority ensures the record reflects the true intention of the court or parties and rectifies errors 2019 0 Supreme(Raj) 562
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The foundation of this power lies in the maxim , meaning an act of the court should prejudice no one. It prevents injustice from inadvertent mistakes like typographical errors, arithmetic slips, or omissions
. As noted, The courts have the to correct that are 2019 0 Supreme(Raj) 562.
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Corrections are strictly limited to . For instance:- Misspelled names or phrases, like provides typed as provide 2023 0 Supreme(Del) 136.- Incorrect dates, figures, or spaces in documents (e.g., no space between 'Mr.' and 'Anil') 2023 0 Supreme(Del) 136.- Transposed amounts in decrees, such as share discrepancies in partition suits (9 Anna 6 Pahi vs. 8 Anna 6 Pahi) under Section 152 CPC 2026 0 Supreme(Ori) 29.
In one case, the court clarified: Clerical error is a mistake in writing or typing and an arithmetical error is a mistake of calculation occasioned by accidental slip or omission by a Court 2015 0 Supreme(Ker) 1073. The in explained that such errors are and never intended by the court 2015 0 Supreme(Ker) 1073 2014 0 Supreme(Mad) 2491.
Under (CPC) Section 152, courts can amend judgments or decrees for inadvertent mistakes without substantive changes. This was applied to correct share amounts in a partition decree based on records 2026 0 Supreme(Ori) 29. Similarly, in a writ petition, a typing error changing Section 31 to 30 was rectified as it was apparently a typing mistake
SHRI MANIK PRABHU SAMSTHAN Vs THE SPECIAL LAND ACQUISITION OFFICER AND ANR
.Not every error qualifies. Courts cannot use this power for:- : Re-examining conclusions, arguments, or substantive issues 2019 0 Supreme(Raj) 562
.- Deliberate changes: Intentional modifications or material alterations.- Re-opening litigation: Cannot re-argue or revisit decisions; that's for
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For example, in insurance claims, alleged typographical errors in policy documents must be evident and notified before claims arise; otherwise, terms are strictly construed
. In another matter, challenges to marking in exams for typing errors were dismissed if they required inferential reasoning rather than clear mistakes 2023 0 Supreme(Del) 136. Errors involving jurisdiction or core claims may need amendments under Order 6 Rule 17 CPC, not mere corrections 1977 0 Supreme(MP) 838.
The power is also unavailable if it alters fundamental rights or uses litigation to repeatedly raise settled issues, which could amount to 2023 2 Supreme 228.
If you spot a typing error in civil court documents:1. Promptly file an application: Submit a formal motion under Section 152 CPC or invoke inherent powers under Section 151 2026 0 Supreme(Ori) 29. Demonstrate the error is accidental and apparent.2. Provide evidence: Reference the record showing the true intention (e.g., original pleadings, prior orders).3. Seek court verification: The court will check if it changes merits 2019 0 Supreme(Raj) 562.
In practice:- For judgments, courts have directed registries to correct names (e.g., 'B.Ramachandran' to 'B.Ramachandra') as clerical errors 2014 0 Supreme(Mad) 2491.- In plaints, typing errors affecting jurisdiction can be amended if merely clerical 1977 0 Supreme(MP) 838
SITAL SINGH vs DIWAN SINGH AND ORS
.- Tribunals have upheld corrections for increments where typing tests were relaxed due to age 2012 0 Supreme(Raj) 1287.Recommendation: Act quickly to avoid appeals or delays. When a typing or clerical error is discovered, promptly file a formal application or request for correction with the court, demonstrating that the error is accidental and apparent 2019 0 Supreme(Raj) 562
. For substantive issues, pursue review, appeal, or other remedies.
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These cases reinforce: Corrections prevent prejudice but safeguard judicial finality.
Typing errors in civil matters need not derail your case. Courts typically correct obvious clerical slips to align records with intent, but only if non-substantive
. Always:- Verify errors are apparent and accidental.- File promptly via application.- Distinguish from merits-based challenges.
By understanding these principles, litigants can navigate corrections efficiently, saving time and resources. Remember, while courts aim for justice sans technicalities, precision matters. For tailored advice, engage a legal expert familiar with your jurisdiction's nuances.
This post draws from judicial precedents like 2019 0 Supreme(Raj) 562, , and others for educational purposes.
An arithmetical mistake is a mistake in calculation, while a clerical mistake is a mistake of writing or typing error occurring due to accidental slip or omissions or error due to careless mistake or omission. ... It is an error apparent on the face of the record and does not depend for its discovery on argument or disputation. An arithmetical error is a mistake of calculation, and a clerical error is a mistake in writing or typing.” 51. More recently, in Vipinchandra....
The present application has been filed seeking rectification of the typographical error crept in the order dated 07.09.2021, passed by this Court in SB Civil Writ Petition No.3215/2019 (Paras Kumar Vs. ... The order dated 07.09.2021 passed by this Court in SB Civil Writ Petition No.3215/2019 is corrected/amended, as prayed. ... Learned counsel for the applicants submitted that inadvertently, while typing the order dated 07.09.2021, the date of the impugned order has wrongly been mentioned....
He further stated that the mistake of the petitioner in typing “provides” as “provide” had been counted as one full mistake. According to him, as per serial no.9 of the rules, only ½ mistake could have been counted for typing singular for plural or vice-versa. ... find fault with the dictated passage and the task of the candidate was restricted to typing out the dictated passage. ... He also stated that respondent no.1 had committed an error in preparing/setting up the Paper-I. In 2nd Para, 5th line of Paper-I, it was wr....
- By these writ petitions, a challenge has been made to the order passed by the Rajasthan Civil Services Appellate Tribunal (for short 'the Tribunal') dated 06.04.2011. ... In view of the aforesaid, there is no error in the impugned order passed by the learned Tribunal in favour of the respondent employees. ... 5. ... In view of the discussions made and for the reasons given by the learned Tribunal in its order, I do not find any error therein. The writ petitions are found to be devoid of merit, hence, dismissed. This disposes of stay ....
the c1aim is triable within the jurisdiction of the Court and plaintiffs want to correct the clerical or the typing error. ... In the present case the finding arrived at by the trial Court that it was a mere typing or clerical error that the total amount of the claim has been typed against the claim for injunction. ... The plaintiff may amend suitably to bring it within the jurisdiction of that Court, but there may be cases where by a clerical error or by typing error....
In the given facts, there is a clear lack of 'due diligence' and the mistake committed certainly does not come within the preview of a typographical error. The term typographical error is defined as a mistake made in the printed/typed material during a printing/typing process. ... in by hand and, therefore, cannot be said to be typing errors. ... All these aspects have been rightly considered and concluded by the trial court and the High Court has committed an error in accepting the explanation that it ....
error. ... The issue was considered by this court in Civil Revision No. ... The submission is that even the unintentional the plaint are correct and there is no dispute about that, merely because which occurred in the suit filed by the petitioners-plaintiffs was unintentional and was, in fact, a typing
That, the typing error requires to be corrected. 4. The same is disputed by the respondents. 3 5. ... The application under Section 152 of CPC has been filed seeking correction of a typing error from Section 31 to 30. It is apparently a typing mistake. The Court below took a very technical view and rejected the same. ... The order dated 29.01.2018 passed by the Senior Civil Judge and M.A.C.T. at Shahapur in LAC No.10 of 2009 is set aside. THIS WRIT PETITION IS FILED UND....
error in Paragraph 4 of the plaint. ... Apparently, original The present petition has been filed challenging the order dated dated 1.12.2006 passed by the Additional District Judge, Court No.02, District Varanasi dismissing Civil ... by the plaintiff stating that the phrase 'in the family of the parties' was a typing
State of Orissa [AIR 1966 SC 1047 : (1966) 17 STC 360] it was observed that the arithmetical mistake is a mistake of calculation, a clerical mistake is a mistake in writing or typing whereas an error arising out of or occurring from accidental slip or omission is an error due to careless mistake on the ... Present CMP is directed against order dated 28th March 2025 of learned Civil Judge (Junior Division), Bhadrak passed in C.M.A. No.50 of 2024 (arising out of C.S. ... V) Whether the plaintiffs are entitled to appointme....
52. Learned counsel for the applicants have also taken exception to reciprocity of 655 number. We do not find that there is any error in reciprocity. In the Concluding Report, final list has been annexed, which is utilitywise and personnelwise, which is clear and unambiguous.
Learned counsel for the applicants have also taken exception to reciprocity of 655 number. The One-Man Committee took a decision that when 655 employees are coming from Telangana State to Andhra Pradesh, same number should go from Andhra Pradesh to Telangana State. We do not find that there is any error in reciprocity. In the Concluding Report, final list has been annexed, which is utility-wise and personnel-wise, which is clear and unambiguous.
The amount of Rs.25 lacs has been mentioned against the maturity amount, whereas this was intended to be mentioned against the death claim. The learned counsel explained that amounts mentioned against the death claim and the maturity value have been interchanged in the policy document. 4. Heard the learned counsel for the appellant at the admission stage and perused the record. Counsel for the appellant stated that there is typographical error in the policy, however, the State Commission has not considered this apparent typing error on the face of record.
Clerical error is a mistake in writing or typing and an arithmetical error is a mistake of calculation occasioned by accidental slip or omission by a Court. 9. The expression 'clerical or arithmetical error' has been explained by the Supreme Court in Smt. Sooraj Devi v. Pyare Lal and Another 1981 KHC 75 : AIR 1981 SC 736 : 1981 KLT SN 38 : 1981 (1) SCC 500 : 1981 SCC (Cri) 188 : 1981 (2) SCR 485 : 1981 Cri LJ 296 : 1981 MLJ (Cri) 392. It is an error apparent on the face of the record and never intended to be said by the Court.
However, a clerical error is a mistake in writing or typing as per the decision in Smt.Sooraj Devi Vs. It cannot be gainsaid that an arithmetical error is a mistake in calculation. Pyare Lal & Another, reported in (1981) (1) SCC 500.
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