MUKESH KUMAR SEN Vs. ABHISHEK GUPTA

JUDGEMENT

(1.) Challenge in the present writ petition is to the order dtd. 14/1/2016 passed by the Additional District Judge, Bilaspur in Misc. Civil Appeal No. 44 of 2015. Vide impugned order dtd. 14/1/2016, the Additional District Judge has affirmed the order passed by the IXth Civil Judge, Class-II, Bilaspur dtd. 17/9/2014 in Civil Suit No.285A/2014, wherein the plaint was returned to the Plaintiff/Petitioner for submitting before the competent Court of law.

(2.) Learned Counsel for the Petitioner submits that the two Courts below have erred in appreciating the fact that the suit was not properly valued and had to be filed before the appropriate Court of law. According to the Petitioner, in the present suit he has only sought for rectification in an agreement which was entered into between the contesting party, dtd. 23/2/2010, wherein certain typographical errors had crept. This fact about the error the Petitioner came to know only on the date when the first suit which was filed by the Petitioner, i.e., Civil Suit No. 14A/2011, got dismissed.

(3.) According to the Petitioner, after the earlier suit filed by him was dismissed he realized his mistake and therefore in the year 2014 he filed a subsequent suit and this time the suit was filed only for a direction to the Respondent/ Defendant for rectification in the agreement entered into between the parties to the extent of certain entries with regard to the sale consideration made.