SIVAKUMAR AND OTHERS Vs. DURAI SRINIVASAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair order and decreetal order in I.A.No.650 of 2015 in O.S.No.42 of 2009 dated 03.03.2016 on the file of the District Munsif Court, Arakkonam.

(2.) The plaintiff/respondent has filed a suit in O.S.No.42 of 2009 for declaration against the defendants/petitioners in the aforesaid suit. The petitioners/respondents has filed the written statement by stating that the suit properties in SR.No.1024/6 measuring to an extent of about 1 acre and 5 cents stands in the name of Subramani and SR.No.1024/1 to an extent of 2 acres and 47 cents stands in the name of Anniyappan, the third defendant. Now the petitioners/respondents have filed the instant application to correct the SR.No.1024/6 which is wrongly mentioned in the written statement. The aforesaid mistake is only a typographical error. As per the patta Revenue record, the actual measurement in the SR.No.1025/6 is an extent of 2 acres and 48 cents, due to the clerical mistake. The aforesaid mistake is committed by the petitioners. Therefore, the trial Court has dismissed the application by stating that at the time of the trial so commenced, the plaintiff side evidence was concluded. The instant application has been filed belatedly.

(3.) According to the learned counsel for the petitioners, the Court below without considering the typographical mistakes committed by the petitioners at the time of filing of the written statement, has erroneously dismissed the application. Therefore, no prejudice would caused to the respondent, if the aforesaid application is allowed, it is left open to the respondent, if necessary to examine the petitioners in the trial, by filing an appropriate application.