Order 6, Rule 17 CPC Amendment of plaint Typing mistake Suit for recovery Plea that proposed amendment is very necessary and important and same will not change the nature of the suit
Baldhir Kaur vs Punjab State Power Corporation Limited CR 8353/19 13/01/20 [ RAJIV JJ ]
[ PUNJAB HARYANA HIGH COURT]
Order 6, Rule 17 CPC Amendment of plaint Typing mistake Suit for recovery Plea that proposed amendment is very necessary and important and same will not change the nature of the suit – No prejudice will be caused to the defendant if the proposed amendment is allowed – It is a duty in the executive authorities and Court to maintain purity of record and ensure that no mistakes are made by the Administrator or the court and such innocuous typing mistakes have no impact on the case on merits and can readily be cured at any time, for which there is no limitation, so long as the record supports without doubt the mistake committed by human error – This is one such case of correction of an accidental slip No merit – Petition dismissed. [Paras 4 to 6]
4. The question as to when was the raid conducted is a pure question of fact. PSPCL plead and pray for amendment only to the extent of change of date and nothing more. They do not say, intend or apply for, in the application, the amendment is for leading further evidence as a consequence of the change of date from 15.1.1987 to 24.12.1986 when the raid was conducted on the commercial premises of the defendants in the case of alleged theft of electricity.
6. It is a duty in the executive authorities and in the Court to maintain purity of record and ensure that no mistakes are made by theAdministrator or the court and such innocuous typing mistakes have no impact on the case on merits and can readily be cured at any time, for which there is no limitation, so long as the record supports without doubt the mistake committed by human error. This is one such case of correction of an accidental slip. I have no reason to differ with the reasoning of the trial court that the documents itself support the amendment so, therefore, I have no occasion to tinker with the impugned order dated 25.09.2019.
Click here for the judgment
CR_8353_2019_13_01_2020_FINAL_ORDER -The-Law-Literates
all rights reserved ( Vaibhav Tomar 𝔸𝕕𝕧)