Indian Kanoon - Search engine for Indian Law

The matter was listed thereafter on several dates. Ultimately, it was taken up by this Court on 23.02.2022, when it has been detected by the petitioner, that there are some mistakes at paragraph- 16 & 20 in the writ petition and such mistakes do not create any right in favour of the defendant / respondent nor such mistakes are with regard to the proceeding pending, before the trial court, rather those were typographical mistakes made in the writ petition, whereby the word 'not' has been missed in 3 rd line at para-16 and in 4th line at para-20 of the writ petition.

Learned counsel has further submitted that though these two words are not going to affect the merit of the title suit or present writ petition pending before this Court, as in the counter affidavit filed by the defendant / respondent on 18.10.2013, the defendant / respondent has considered that there is word 'not', which ought to have been considered by the petitioner at the time of filing of the writ petition, but because of typographical error, such mistakes have occurred. Since such mistakes have no any affect on the title suit, as the same are not being raised, rather in the counter affidavit filed by the defendant / respondent, para-16 of the writ petition has been replied in para-27 of the counter-affidavit. Para-27 of the counter- affidavit may quoted be hereunder:-

Learned counsel for the petitioner, Mr. Rohit Roy has thus submitted, that this word 'not' is missing in 3 rd line of para-16 and 4th line of para-20 of writ petition has been taken care of by the defendant / respondent, while filing the counter affidavit. Since the same has been agitated by the learned counsel for the defendant / respondent during hearing on 23.02.2022, as such, it is necessary for the petitioner / plaintiff to file such application for making correction in the writ petition, for which I.A. No. 1851/2022 has been filed, though such correction will not affect or cause prejudice to the defendant because those corrections are not going to change the plaint or written statement, which is pending before the Additional Munsif-II, Ranchi, as such, such typographical mistakes occurred in writ petition may be ignored and petitioner may be allowed to make necessary correction by inserting the word 'not' in 3rd line of para-16 and 4th line of para-20 of the writ petition, as the same is formal in nature, not going to change the nature of the writ petition, nor causing prejudice to the other side, as the defendant / respondent have understood the same as typographical mistake and have taken care of while filing the counter affidavit as mentioned above.

Learned counsel for the petitioner thus submitted that such typographical mistakes, which have been ignored in the counter affidavit filed by the defendant / respondent has been argued before this Court and thus, necessity has arisen to file interlocutory application, which may be allowed considering that substantial justice is to be done by the Court by allowing such interlocutory application. The nature of the original title suit i.e. Title Suit No. 212/2005, pending in the court of learned Additional Munsif-II, Ranchi is not going to be changed, as such, this mistakes are only cropped up so far filing of the writ petition is concerned, as such, such mistakes are formal in nature and I.A. No. 1851/2022 may be allowed.