VAISHNAVI NEGI Vs. BHADUR SINGH

JUDGEMENT

(1.) An application was filed by the plaintiff before the learned trial Court under the provisions of Order 6, Rule 17 read with Section 151 of CPC, wherein, he with the leave of the Court sought to incorporate in the plaint, the hereinafter extracted amendments:-

(2.) The learned trial Court dismissed the aforesaid application, whereupon, the plaintiff being aggrieved therefrom is led to institute the instant revision petition before this Court.

(3.) The suit khasra number(s) actually bear number(s) 6362/6191/1877, whereas, in the plaint the plaintiff/petitioner had claimed the apposite relief in respect of Khasra No. 6364/6191/1877. However, the aforesaid mis-portrayal of the number(s) of the suit khasra number(s) was contended in the application, at hand, to arise from sheer inadvertence or typographical error also from the Patwari concerned issuing a jamabandi with respect to the suit property, with the aforesaid inaccurate depiction therein. The learned trial Court, however, held that the aforesaid correction through an amendment as endeavoured to be carried out in the plaint neither hitherto arising from sheer inadvertence nor from a typographical mistake, rather it held that if the amendment is allowed, it would change the entire structure of the suit also would result in its denovo trial, hence, it proceeded to dismiss the application.