J.Balasubramanian Vs Varalakshmi Balasubramainian

To permit the applicant to carry out the amendments in the plaint as specified to the Judges Summons and consequently direct the registry to amend the decree passed by this Honble Court on 06/10/2023 in the above suit.

¶12

For Applicant(s): M/s.P.B.Ramanujam For Respondent(s): Unserved. Sole defendant set exparte on 07.03.2023 in the suit.

¶13

1/4

¶14

https://www.mhc.tn.gov.in/judis

¶15

A.No.4141 of 2025

¶16

ORDER

¶17

This Application has been filed by the Applicant/Plaintiff seeking permission to carry out amendments in the plaint and for a consequential direction to the Registry to amend the decree passed by this Court on 06.10.2023 in C.S.No.4 of 2022.

¶18

The case of the Applicant is that, when the decree was presented for registration, the concerned Sub-Registrar declined to register the same on the ground that there was a minor error in the decree. However, no material has been placed before this Court in support of the said contention. There is no document to show when the decree was presented for registration, whether it was in fact returned by the Sub-Registrar, or the nature of the objection raised. No copy of the return endorsement or any communication issued by the Sub-Registrar has been filed.

¶19

Further, it is well settled that immovable property is primarily identified by its boundaries. If there is a minor discrepancy in the description of the property while the boundaries are correctly stated and tally with the parent title deed, such discrepancy may, in an appropriate case, be treated as a typographical error. In the present case, however, no title deed, parent document, or other supporting record 2/4

¶20

https://www.mhc.tn.gov.in/judis

¶21

A.No.4141 of 2025 has been produced to establish the correctness of the boundaries described in the decree or to demonstrate that the alleged error is merely typographical in nature. In the absence of such supporting materials, this Court is unable to ascertain whether the property description contained in the decree is accurate or whether the error sought to be corrected is, in fact, a clerical or typographical mistake.In view of the above, this Court is of the considered view that the Application is liable to be dismissed.

¶22