UDHEY VERMA Vs. KAMALJEET SINGH

JUDGEMENT

(1.) Respondent-plaintiff herein filed a suit for recovery against the petitioner-defendant. The respondent moved an application under Section 151 of the Code of Civil Procedure (for short "the Code") stating that in the plaint, due to a typographical mistake, the name of the Company has been written as "Acme Infotech Welfare" whereas in fact. the correct name is "Acme Services Welfare Corporation". It was prayed that necessary correction to this effect may be allowed to be made in the plaint.

(2.) Trial Court by order dated 23-7-2004, allowed the application and ordered the correction to be made. The trial Court observed,

(3.) Learned counsel for the petitioner. drew my attention to the impugned order, particularly to the words "the amendment being formal in nature" used by the trial Court while allowing the correction to be made, and vehemently submitted that once there is a specific provision for amendment i.e. Order 6 Rule 17 of the Code, the trial Court in exercise of power under Section 151 of the Code could not allow the said correction.