Case Note & Summary
The case involved First Appeal No.311 of 1987, where the appellant was Daroga Pandit and the respondent was Jugeshwar Pandit. On 5th October 2012, the court noted the absence of the appellants during the hearing. The court reviewed the office note and identified a typographical error in a previous order, where the month was incorrectly typed as '11' instead of '9'. Consequently, the court modified the order to reflect the correct date of '28-9-2012'. The absence of the appellants led to the court's decision to proceed with the correction without further representation from the appellants. The court's action was limited to rectifying the date in the order, indicating that the appeal could not advance in the absence of the appellants.
Headnote
A) Civil Procedure - Modification of Order - Correction of Typographical Error - Code of Civil Procedure, 1908 - The court modified a previous order to correct a typographical error regarding the date. The court noted the absence of the appellants and proceeded to correct the order date from '28-11-2012' to '28-9-2012' without further proceedings due to non-appearance (Para 1).
Issue of Consideration
Whether the appeal should proceed in the absence of the appellant's representation.
Final Decision
The court modified the previous order to correct the date from '28-11-2012' to '28-9-2012' but did not proceed with the appeal due to the absence of the appellants, indicating that the appeal could not advance.
Law Points
- Modification of order
- Non-appearance of appellant
