Case Note & Summary
The petitioner, Shaikh Gaffar, filed a Regular Civil Suit No. 211/99 in the Court of the 5th Joint Civil Judge, Junior Division, Nagpur, seeking relief in respect of certain property. During the pendency of the suit, the petitioner filed an application (Exh. 136) seeking to amend the prayer clause to substitute 'Patwari Halka No. 37' with 'Patwari Halka No. 34-A'. The trial court rejected the application, leading to the filing of the present writ petition. The petitioner contended that the amendment was merely a correction of a clerical error and did not introduce a new cause of action. The respondents opposed the amendment, arguing that it was barred by limitation and would change the nature of the suit. The High Court, after hearing both sides, held that the amendment was a formal correction that did not alter the identity of the suit property or introduce a new case. The court observed that the amendment related back to the date of the original plaint and was not barred by limitation. Consequently, the court allowed the writ petition, set aside the trial court's order, and permitted the amendment subject to payment of costs of Rs. 500 to the respondents.
Headnote
A) Civil Procedure - Amendment of Pleadings - Order VI Rule 17 of the Code of Civil Procedure, 1908 - Correction of Clerical Error - The petitioner sought to amend the prayer clause to substitute Patwari Halka No. 37 with Patwari Halka No. 34-A. The court held that the amendment was merely a correction of a clerical error and did not introduce a new cause of action. The application was not barred by limitation as the amendment related to the same property and did not change the nature of the suit. (Paras 2-5) B) Limitation - Amendment of Pleadings - Section 3 of the Limitation Act, 1963 - The court held that the amendment sought was not barred by limitation because it did not set up a new case or change the identity of the suit property. The correction of the Patwari Halka number was a formal amendment that related back to the date of the original plaint. (Paras 4-5)
Issue of Consideration
Whether the amendment sought by the petitioner to correct the Patwari Halka number in the plaint is barred by limitation and whether it introduces a new cause of action.
Final Decision
The High Court allowed the writ petition, set aside the order dated 31/8/2010 passed by the 5th Joint Civil Judge, Junior Division, Nagpur, and allowed the amendment application (Exh. 136) subject to payment of costs of Rs. 500 to the respondents.
Law Points
- Amendment of pleadings
- Order VI Rule 17 CPC
- Limitation Act
- 1963
- Clerical error
- Cause of action
