Allowed

Lakshman Modi v. State of Jharkhand through Deputy Commissioner

Jharkhand HC11 Aug 2017C.M.P./199/2015

Case brief

AI extract

What is this about?

This Single Judge Bench of the High Court of Jharkhand allowed a correction petition to amend a decree by correcting a typographical error in the name of the appellant from 'Panwa Devi' to 'Lakshman Modi' to facilitate disbursement of compensation.

What did the court decide?

Decree dated 12th November 2013 to be read as naming the appellant 'Lakshman Modi son of Khedan Modi'.

Lakshman Modi Vs State of Jharkhand through… — Civil Procedure and Limitation | Jharkhand HC (2017)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 199 of 2015

¶2

Lakshman Modi --- --- Petitioner

¶3

Versus

¶4

The State of Jharkhand through Deputy Commissioner, Koderma.

¶5

--- --- Opp. Party

¶6

CORAM:The Hon’ble Mr. Justice Aparesh Kumar Singh

¶7

For the Petitioner : Mr. Ravi Kumar, Adv. Mr. Rahul Kamlesh, Adv. For the Opp. Party : J.C. to S.C.(L & C)

¶8

04/11.08.2017:

¶9

Heard learned counsel for the parties.

¶10

Appellant in First Appeal No.197 of 2006 has sought correction of the judgment and decree dated 13^th September 2013/12^th November 2013, where in the name of the appellant a typographical error has crept in. In Reference Case No.369 of 1991 / 199 of 2004 which arose from Land Acquisition Case No.04/1985-86 from the court of learned Land Acquisition Judge, Koderma, the name of the appellant was correctly shown as 'Lakshman Modi son of Khedan Modi, resident of village Kundi Dhanwar, P.O. Masmohna, P.S. Markacho, District Koderma'. However, in the decree inadvertently the name of the appellant has been typed as 'Panwa Devi wife of Jagdish Singh, resident of village Kundi Dhanwar, P.O. Masmohna, P.S. Markacho, District Koderma'. Because of this error the fruits of the enhanced compensation under the award and decree passed by this Court in First Appeal No.197/2006 is not being disbursed.

¶11

Learned counsel for the State has not disputed the contentions of the appellant/petitioner herein.

¶12

Considered the submissions of the parties and the averments made

¶13

in the instant petition.

¶14

From the connected records also, it appears that the name of the appellant 'Lakshman Modi son of Khedan Modi' has wrongly been typed in the decree as 'Panwa Devi wife of Jagdish Singh' which needs to be corrected. Accordingly, in the decree dated 12^th November 2013, the name of the appellant be read as 'Lakshman Modi son of Khedan Modi'. The decree be read along with the instant order. C.M.P. stands disposed of.

¶15

(Aparesh Kumar Singh, J.)

¶16

Shamim/

Lakshman Modi v. State of Jharkhand through Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Lakshman Modi v. State of Jharkhand through Deputy Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dr Ratan Prakash Vs the State of Jharkhand and Ors.

Paulus Hembrom Vs State of Jharkhand and Ors.

State of Jharkhand through the Secretary Cum Commissioner Deptt of Commercial Taxes and Ors. Vs Surendra Choudhary

Ub Engineering Limited Represented Through Mr Bir Bahadur Singh Vs Ms Electrosteel Limited

Babulal Kisku Vs Jharkhand State Housing Board

Ashutosh Singh Vs the State of Jharkhand through Its Secretary Sri Ashok Choubey and Anr.