AAVESH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioners under Article 227 of the Constitution of India against the order dtd. 26/10/2023, passed by Second Additional District Judge, Dr. Ambedkar Nagar, District Indore (M.P.) in case No.X/MJC/15/22 whereby the petitioners' application under Sec. 151 and 152 of CPC for correction of typographical mistake has been rejected.

(2.) In brief, the facts of the case are that petitioners No.1 to 4 are sons and petitioner No.5 is wife of Late Kadir, R/o: Village Mahudia Bujurg, Tehsil Mhow, District Indore. Admittedly, the land belonging to Kadir was acquired by respondent No.1 Union of India in 1989, and the award was passed on 31/12/1988. The reference regarding which u/s.18 was filed by the petitioners on 02/03/1989, under the signatures of all the petitioners namely 1.Aavesh, 2.Sajjad Hussain, 3.Anas and 4.Mehmood and 5. Hurbano, however, on account of a minor clerical error on the part of counsel appearing for the petitioners in the aforesaid proceedings, he, by mistake, mentioned the names of the petitioners as Aavesh, Sajjad, Hussain, Anas, Mehmood S/o Kadir and Hurbano Bai wife of Kadir. Thus, in the name of Sajjad Hussain a comma has been erroneously inserted by the counsel, making it two persons, Sajjad and Hussain.

(3.) Thereafter, the award was passed on 19/01/2015, in which, instead of five persons, it was passed in favour of six persons, mentioning Hussain S/o Kadir as one of the applicants. Thus, the application came to be filed by the petitioners under Sec. 151 and 152 of CPC for correction of the cause title of the award and deletion of name of Hussain S/o Kadir, however, the aforesaid application has been rejected by the learned Judge of the reference Court vide order dtd. 26/10/2023, holding that the application u/s.18 was filed on behalf of six persons and not by five, hence, it cannot be said in this proceeding that there is no person by the name of Hussain S/o Kadir, and in this regard, the petitioners have also not filed any succession certificate that they are only successor of the deceased Kadir and the land in question.