FAKKIRAWWA Vs. ASHOK

JUDGEMENT

(1.) The Trial Court, by the impugned common order dated 5.2.2013, allowed I.As. VI and VII filed under Order VI Rule 17 of the Code of Civil Procedure by the plaintiff in O.S. No. 94/2011 on the file of III Addl. Civil Judge, at Dharwad.

(2.) There is no illegality in the impugned order passed on I.A.-VI permitting the plaintiff to correct survey number in the Plaint. What is seriously challenged by the petitioner/defendant in this case is the order passed on I.A.-7 filed under Order VI Rule 17 of CPC directing the defendants to correct the survey number mentioned in the agreement of sale as 63/A/2 instead of 63/2A.

(3.) Learned Counsel for the petitioner submits that the Trial Court misunderstood the ratio laid down in Puran Ram vs. Bhaguram, 2008 AIR(SC) 1960 and the impugned order passed on I.A.-VII may be set-aside.