Writ petition challenging an order allowing amendment of a plaint to correct a typographical date error. Court held no case for interference and dismissed the petition, noting service of amended plaint is mandatory. Thin order.
Writ petition dismissed; no embargo on service of amended plaint in accordance with law.
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IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 135 OF 2017
SMT. SURANG P. BORCAR., ... Petitioner Versus MR. LAXIMIDAS BANDODKAR AND 3 ORS., ... Respondents
Adv. Raviraj Chodankar with Adv. Tapasya Anant Vernekar for the Petitioner.
Coram:C. V. BHADANG, J.
Date:15th February, 2017
P.C.:
The petitioner, who is the defendant no.1 before the trial court is challenging the order dated 4/8/2016, by which an application for amendment of plaint filed by the respondent no.1 (original plaintiff) has been allowed. The Respondent nos.2,3, and 4 are the original defendant nos.2, 3 and 4 before he trial court. Incidentally, the respondent nos.2,3 and 4 had given no objection for grant of the amendment.
WP/135/2017
2
to be corrected as 18/12/2008 on the ground that the date was erroneously mentioned and the error is of a typographical nature, which amendment has been allowed.
WP/135/2017
3
mention that a copy pf the amendment plaint shall be served on the petitioner in accordance with law. Subject to this the writ petition is dismissed.
C. V. BHADANG, J.
ap/-
2 issues framed by the court
Whether the High Court should interfere when an amendment of plaint allowing correction of a typographical error was filed without service på the petitioner.
Whether the impugned order allowing the amendment was erroneous given that it was not served on the petitioner.
1 provisions across 1 enactments
SMT. SURANG P. BORCAR.
MR. LAXIMIDAS BANDODKAR
Respondents 2, 3 and 4
C. V. BHADANG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
