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M/S S.K.C. CYBER WORLD versus SMT. SUSHILA DEVI (DECEASED) & OTHERS

High Court of Judicature at Allahabad

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M/S S.K.C. Cyber World v. Smt. Sushila Devi (Deceased) & Others - CIVIL REVISION No. 294 of 2006 [2006] RD-AH 12654 (1 August 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON'BLE UMESHWAR PANDEY, J.

Heard the learned counsel for the revisionist.

This revision challenges the order dated 26.5.2006 whereby the court below has allowed respondents-plaintiffs' application for amendment to correct some dates given in the pleadings.

The correction sought to be incorporated are of those dates which have been, by clerical mistake, written in the pleadings. These dates are such dates which denote the period of default of payment of rent committed by the defendants-revisionists. In fact, the notice (Annexure-2) upon which the suit is based, discloses those dates which are proposed to be brought by amendment. Therefore, the dates as given in the pleadings were admittedly wrong and they were so got incorporated in the plaint by no other reason, but the clerical mistake. Such mistake can be corrected at any stage of the suit when the party gets a notice of the said mistake.

The defendants got the knowledge of these incorrect dates from the pleadings of the written statement and, thus, have moved the court for incorporating amendment through the application (Annexure-7). The court has rightly allowed the application by the impugned order which suffers from no infirmity or procedural mistake.

A revision challenging that order, thus, appears to have no force. It fails and is hereby dismissed.

01.08.2006

SUA/294-06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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