SUNIL VERMA Vs. BALKISHAN GARG

JUDGEMENT

(1.) THE petitioners/defendants have filed this petition under Article 227 of the Constitution challenging the order dated 17.12.2013, Annexure P -1.

(2.) A suit for eviction and recovery of rent was filed by the respondent No.1/plaintiff. The said civil suit was registered as Civil Suit 11A/2012. The petitioners/defendants filed their written statement. Thereafter, the court below framed the issues. The petitioners thereafter filed an application under Order 6 Rule 17 CPC (Annexure P -4). It is stated in the said application that because of typing error in page 2 para 2, the words "dependants of Mungaram" could not be typed. Thus, this typing error be permitted to be rectified and amendment be allowed. Prayer is opposed by the plaintiff by filing reply to the application.

(3.) SHRI N.K.Gupta, learned counsel for the petitioners, submits that the court below has erred in rejecting the application. He submits that the error in the written statement amounts to "typing error" and court below has erred in not permitting the petitioners to rectify this mistake by way of amendment. By taking this Court to the pleadings of the written statement, it is contended that the court below has wrongly rejected the application.