Allowed a SBCMA under Section 151 CPC to rectify a clerical error affecting the wrong withdrawal order and restore the correct application number without affecting merits.
SBCMA No.6278/2016 dismissed as withdrawn; SBCMA No.6594/2016 restored to original status.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Application No. 161/2022
Rampal Mahawar S/o Shri Onkar Mal & Ors.
----Appellants
Versus
Manoj Kumar S/o Shri Munna Lal & Ors.
----Respondents
For Petitioner(s) : Mr. Ram Babu Sharma, Advocate
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order
11/11/2022
Matter comes upon application filed under Section 151 CPC for clarification/modification of the order dated 07.09.2022.
Learned counsel submits that on 07.09.2022, learned counsel for the appellant made a request for withdrawal of SBCMA No.6278/2016 but due to inadvertent error SBCMA No.6594/2016 was ordered to be withdrawn. Learned counsel submits that the order dated 07.09.2022 may be rectified and SBCMA No.6278/2016 be ordered to be withdrawn in place of SBCMA No.6594/2016.
Application stands allowed, for the reasons stated
therein.
It is made clear that SBCMA No.6278/2016 stands dismissed as withdrawn and SBCMA No.6594/2016 is ordered to be restored to its original number.
It is also made clear that dismissal of SBCMA No.6278/2016 would not affect on merits of SBCMA No.6594/2016.
(ANOOP KUMAR DHAND),J
Ashish Kumar /29
1 issue framed by the court
Whether an order rectifying clerical error and restoring the correct SBCMA number to be dismissed as withdrawn could be allowed.
1 provisions across 1 enactments
Rampal Mahawar & Ors.
Manoj Kumar & Ors.
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
