Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Typographical mistake - Para 1 of plaint admitted - Word `Not' omitted - However, when Para No.1 of the written statement read with paragraph 20 of the written statement it appears that there was typographic error on account of which the word `Not' could not be incorporated - Para 1 of written..........
Civil Procedure Code, 1908, Section 153 -- Judgment - Typographical error - Correction thereof - Application of S.153 - Held, necessity, to seek correction by filing an application u/s 153, CPC, arises, mostly after proceedings are terminated - It is not necessary that proceedings must be pending before a Court for an application filed u/s 153 - However, relief claimed u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Mis-description of complainant's company in cause title of petition of complaints is merely a bona fide typographical mistake which does not touch merits of the case - Held, error in cause title of petition of complaints cannot be said to have vitiated proceeding and accordingly question of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Typographical mistake - Allowed - No illegality...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for mandatory injunction - Trench/khai alleged to be dug up near/adjacent to the northern wall - Amendment sought that it was towards eastern wall - It was a typographical mistake - Suit fixed for filing replication and framing of issues - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Town Survey number sought to be substituted by another number which was wrongly mentioned due to typographical mistake - Identity of property not changed - One land not substituted with another one - Amendment allowed - Order upheld...........
Civil Procedure Code, 1908, Section 152, 153 -- Amendment of judgment - Clerical or typographical error in the judgment of High Court - Held, that Supreme Court cannot direct any correction in the judgment and an appropriate application has to be filed before the concerned High Court - High Court alone would be entitled to rectify the mistake committed by it...........
Civil Procedure Code, 1908, Section 152 -- Typographical errors - No notice is necessary for correcting inadvertent typographical errors in the decree...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical errors sought to be corrected - Declined without appreciating merits of the application - Amendment sought inconsequential and typographical in nature - Plaintiff permitted to amend the plaint...........
Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Typographical mistake - Wrong survey number - Parties very much aware that they were litigating in respect of which survey number - Mistake bona fide - Order allowing amendment of decree, upheld...........