JASKARAN SINGH Vs. INDRAJEET SINGH

JUDGEMENT

(1.) THIS writ petition is directed against the order dt. 19.12.2012 passed by learned Additional District Judge No. 2, Sriganganagar in Civil Suit No. 40/2008 -Indrajeet Singh vs. Jaskaran Singh, rejecting petitioner's application under Order 6 Rule 17 CPC seeking correction of typing error in his written statement in a suit for cancellation of adoption -deed. Mr. Manoj Bhandari, learned counsel for the petitioner -defendant submitted that the Will in question allegedly executed in favour of plaintiff -respondent stood cancelled by the executor thereof, namely, late Sh. Sampurn Singh S/o Sardar Veer Singh on 01.05.2002, however, inadvertently in the written statement the date of said document was mentioned as '11.05.2002' and for correcting the same back to 01.05.2002, the amendment of the date was sought by filing an amendment application under Order 6 Rule 17 CPC, albeit at the stage of final arguments of the suit itself. He further argued that the learned trial Court has rejected the said application by the impugned order dt. 19.12.2012 merely on the ground that the application was filed at a late stage.

(2.) HAVING heard the learned counsel for the parties, this Court is of the opinion mat the learned trial Court ought not to have ignored the document, which stares in the face and clearly bears the date '01.05.2002'. Such a correction of date on account of bona fide typographical error sought by the petitioner -defendant in his written statement ought to have been allowed to be corrected by the learned trial Court. Accordingly, the present writ petition filed by the petitioner -defendant is allowed. The impugned order dt. 19.12.2012 is set aside and the application filed by the petitioner defendant seeking correction with regard to date of the document in his written statement under Order 6 Rule 17 CPC, is allowed. The learned Court below shall proceed further accordingly from the stage of trial which was stayed by the order of the coordinate bench of this Court dt. 17.01.2013. No costs. A copy of this order be sent to the concerned parties and the learned trial Court below forthwith.