MANOHAR LAL Vs. ATMA SINGH

JUDGEMENT

(1.) The petitioner-plaintiff is aggrieved of the order dated 23.08.2016 whereby the application under Order 6, Rule 17 Code of Civil Procedure for correction of typographical error in the head note of the suit has been dismissed.

(2.) The petitioner-plaintiff submitted the aforementioned application for correction of khasra numbers in the head note of the plaint, which have inadvertently been mentioned Khasra No.707/4 (0- 3) instead of khasra No.707/1(0-18). However, the court dismissed the same on the premise that it is an attempt to change the ambit of the property in dispute and to fill up the lacuna in the pleadings.

(3.) Mr. A.P. Kaushal, learned counsel appearing on behalf of the petitioner submits that the correction sought to be carried out is merely typographical error which does not tantamount to changing the nature and ambit of the suit. No harm or prejudice would be caused to the respondent-defendant as they would have ample opportunity to rebut the same. Moreover, it would help the court for proper adjudication of the lis.