Dismissed

Jagdish Singh S/O Shri Jawahar Lal Alias Johri Lal Alia Jawahari Lal Choudhary v. Smt. Kalawati Devi W/O Late Sh. Rajendra Singh

Rajasthan HC23 Aug 2024CW/3392/2024

Case brief

AI extract

What is this about?

This single-judge order dismissed a writ petition challenging an order allowing amendment of a written statement to correct typographical errors. The court held the error was inadvertent and caused no prejudice, distinguishing the cited coordinate bench case.

What did the court decide?

Writ petition dismissed; pending application(s) disposed of.

Jagdish Singh S/O Shri Jawahar Lal Alias Johri Lal Alia Jawahari… — Partition | Rajasthan HC (2024)

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[2024:RJ-JP:35580]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3392/2024

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Jagdish Singh S/o Shri Jawahar Lal Alias Johri Lal Alia Jawahari Lal Choudhary, R/o Gram Mina Seemla, Tehsil Sikraay, District Dausa (Raj.)

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Bijendra Singh S/o Shri Jawahar Lal Alias Johri Lal Alia Jawahari Lal Choudhary, R/o Gram Mina Seemla, Tehsil Sikraay, District Dausa (Raj.)

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----Petitioners/ Plaintiffs

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Versus

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Smt. Kalawati Devi W/o Late Sh. Rajendra Singh, R/o Mina Seemla, Tehsil Sikraay, District Dausa, At Present R/o Mangalam Mid-Way, Near Balaji Mod, Gram Paadli, Tehsil Sikraay, District Dausa (Raj.)

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Smt. Kamla Devi W/o Late Sh. Rajendra Singh, R/o Mina Seemla, Tehsil Sikraay, District Dausa, At Present R/o Mangalam Mid-Way, Near Balaji Mod. Gram Paadli, Tehsil Sikraay, District Dausa (Raj.)

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Sub- Registrar, Mahua, District Dausa, Raj.

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Sub- Registrar, Sikraay, District Dausa, Raj.

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State Of Rajasthan, Through Land Holder Tehsildar, Tehsil Sikraay, District Dausa, Raj.

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State Of Rajasthan, Through Land Holder Tehsildar, Tehsil Mahua, District Dausa, Raj.

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----Respondents/Defendants

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For Petitioner(s)	: Ms.	Meenal Bhargava for
	Mr.	Abhi Goyal
For Respondent(s)	:

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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23/08/2024

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Petitioners-plaintiffs have preferred this writ petition under Article 227 of the Constitution of India, impugning the interlocutory order dated 21.10.2023 passed in Civil Suit No.08/2022 by the Court of Additional District Judge, Sikraay, District Dausa, allowing application under Order 6 Rule 17

[2024:RJ-JP:35580]

[CW-3392/2024]

(2 of 3)

CPC filed by respondents-defendants No.1 and 2, whereby in para Nos.3 and 7 of the written statement, words ‘ftls’ and ‘llqj’ have been replaced with ‘ftles ls’ and ‘ifr’.

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Counsel for petitioners-plaintiffs argued that allowing the amendment, the admission made by defendants in their written statement has been allowed to be withdrawn which is not permissible in law and in support of such contention, reliance has been placed on the judgment of Coordinate Bench of this Court, in case of Ramswaroop (since deceased) through his LRs Smt. Gyandar & Ors. Vs. Manna Lal & Ors. passed in S.B. Civil Writ Petition No.3647/2015 decided on 27.04.2015.

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Having heard counsel for petitioners and perusal of record, it appears that the present civil suit has been filed for partition, wherein respondents No.1 and 2 (defendants No.1 and 2) submitted their written statements. Soon after filing of written statements, they moved an application under Order 6 Rule 17 CPC, praying that inadvertently in para Nos.3 and 7 instead of words ‘ftles ls’ and ‘ifr’ erroneously words ‘ftls’ and ‘llqj’ came to be inserted which may be allowed to be rectified.

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In the opinion of this Court, the proposed amendment can not be termed as tantamount to withdrawing the admission of defendants but the error seems to be typographical and occurred inadvertently which has been

[CW-3392/2024]

[2024:RJ-JP:35580]

(3 of 3)

allowed to rectify immediately after filing of written statement. On facts of this case, the analogy expounded by the Coordinate Bench in case of Ramswaroop (supra) does not apply. Indisputably, plaintiffs have not acted upon on the basis of unamended written statement. No prejudice is caused to the petitioners by allowing such correction in the para No.3 and 7 of written statement.

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Accordingly, the writ petition is devoid of merit and is hereby dismissed.

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All pending application(s), if any, stand(s) disposed of.

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(SUDESH BANSAL),J

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RONAK JAIMAN/14

Jagdish Singh S/O Shri Jawahar Lal Alias Johri Lal Alia Jawahari Lal Choudhary v. Smt. Kalawati Devi W/O Late Sh. Rajendra Singh

Case brief

What is this about?

What did the court decide?

Jagdish Singh S/O Shri Jawahar Lal Alias Johri Lal Alia Jawahari Lal Choudhary v. Smt. Kalawati Devi W/O Late Sh. Rajendra Singh

Case brief

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What did the court decide?

What the court decided

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