BANDO ORAIN Vs. TIMRU ORAON

JUDGEMENT

(1.) he present writ petition has been filed for quashing order dated 06.06.2019 (Annexure-5 to the writ petition) passed by the Additional Civil Judge (Jr. Divison)-II, Gumla, in Title Suit No. 23/2009, whereby an application under Order VI Rule 17 CPC filed on behalf of the plaintiffs for amendment in paragraph-1 and the Schedule-B of the plaint, wherein area of the land in question and the description of khata and plot number were wrongly mentioned due to the typographical mistake as well as to add some more plots, has been rejected.

(2.) Heard the learned counsel for the petitioner and perused the contents of the writ petition. The plaintiffs including the petitioner filed Title Suit No. 23/2009 in the court of Munsiff, Gumla seeking decree of khas possession of the land mentioned in Schedule-B of the plaint. A written statement was filed on behalf of the defendants in the year 2010 specifically denying that they were not concerned with the plots mentioned in Schedule-B of the plaint. Pursuant thereto, an application under Order VI Rule 17 CPC was filed on behalf of the plaintiffs on 24.08.2013 seeking following amendments in the plaint:

(3.) In the present case, the plaintiffs, by way of filing an application under Order VI Rule 17 before the court below, stated that in Schedule B of the plaint, the plot numbers and area of some plots have been wrongly typed as also some plots have not been typed. It was contended that all these mistakes have occurred due to typographical error and that the proposed amendments were formal in nature and would not change the basic structure of the plaint.