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"20. A party requesting a relief stemming
out of a claim is required to exercise due
diligence and it is a requirement which
cannot be dispensed with. The term "due
diligence" determines the scope of a party's
constructive knowledge, claim and is very
critical to the outcome of the suit.
21. In the given facts, there is a clear lack
of "due diligence" and the mistake
committed certainly does not come within
the preview of a typographical error. The
term "typographical error" is defined as a
mistake made in the printed/typed material
during a printing/typing process. The term
includes errors due to mechanical failure or
slips of the hand or finger, but usually
excludes errors of ignorance. Therefore,
the act of neglecting to perform an action
which one has an obligation to do cannot be
called as a typographical error. As a
consequence the plea of typographical error
cannot be entertained in this regard since
the situation is of lack of due diligence
wherein such amendment is impliedly
barred under the Code.