AJIT SINGH Vs. JASWINDER KAUR

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 4.6.2008 passed by the learned Civil Judge (Senior Division), Jalandhar dismissing an application moved by the petitioner under Order 6 Rule 17 of the Code Civil Procedure (for short the Code) for the amendment of the written statement.

(2.) PLAINTIFF filed a suit for declaration that he is owner of an area measuring 6 kanals in the land situated in the area of village Reru, Tehsil and District Jalandhar on the basis of registered Will dated 3.9.1986 executed by S. Ujjagar Singh son of S. Bhola Singh in her favour. The petitioner also sought consequential relief of permanent injunction restraining the defendant-petitioner from obtaining the enhanced compensation in respect of acquisition of aforesaid land and also for the recovery of Rs. 7,33,200/-.

(3.) ISSUES were framed and the plaintiff led her evidence. The petitioner thereafter moved an application under Order 6 Rule 17 of the Code claiming therein that while preparing for leading evidence a clerical and typographical error came to the notice of the defendant which is material one and is required to be rectified in the interest of justice. It was claimed by the petitioner that the word 'suit' in Para No. 2 was superfluous and was on account of clerical and typographical error and thus, it was claimed that the amendment be allowed and the petitioner be allowed to correct Para No. 2 by deleting the word 'suit'.