This judgment dismisses a Civil Revision Petition challenging an order permitting the amendment of a plaint. The Court found the amendments were merely typographical errors and deemed it a fit case to allow them, resulting in the dismissal of the revision.
The Civil Revision Petition is dismissed and no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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THE HON’BLE SRI JUSTICE BATTU DEVANAND
CIVIL REVISION PETITION NO.1911 of 2022
O R D E R:
This Civil Revision Petition is filed challenging the Order dated
16.06.2022 in I.A.No.4(221) of 2022 in O.S.No.143 of 2016 on the file of the Senior Civil Judge, Parchur.
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of the facts, allowed the said petition. Challenging the same, the present Civil Revision Petition is filed.
in the same lines as mentioned in plaint Para No.III (b) and (c) and respondent No.2 was also examined as Pw.2 and she also adduced her evidence in the same lines as mentioned in the plaint. The respondent Nos. 1 and 2 filed Interlocutory Application when the matter was posted for arguments to amend the plaint, which is ultimately to drag on the matter, and due to the said amendments,
the case of the respondents is going to cause prejudice to the petitioners and Respondent No.3.
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correctly. Having perused the amendments proposed by the respondent Nos. 1 and 2, instead of Plot ‘C’, it was printed as Plot ‘A’ and instead of ‘2nd plaintiff’, it was printed as ‘1st plaintiff’ in paras ‘b,c and d’ of the plaint. Therefore, this Court deems that it is a fit case to permit the respondent Nos. 1 and 2/plaintiffs to amend the plaint as
prayed for and also to make necessary consequential amendments in the plaint.
As a sequel, miscellaneous petitions, if any, pending in this
petition shall stand closed.
Dt. 27.09.2022
eha
______________________ JUSTICE BATTU DEVANAND
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THE HON’BLE SRI JUSTICE BATTU DEVANAND
CIVIL REVISION PETITION NO.1911 of 2022
Dt. 27-09-2022
eha
3 issues framed by the court
Whether the trial Court's order allowing amendment of the plaint to correct typographical errors in plot and plaintiff numbers is erroneous.
Whether there is any illegality or irregularity in the lower court's order requiring the present Civil Revision Petition to be challenged.
Whether the Supreme Court should interfere with the trial Court's order permitting the amendment of the plaint.
Defendant Nos. 1 and 2 (Petitioners)
Plaintiffs/Defendant No. 3 (Respondent Nos. 1, 2 and 3)
BATTU DEVANAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
