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Madras High CourtA/702/2022allowed

Ms.Etrenity Developers Private Limited, v. Mr.V.V.Venkatesh And Another

2022-03-02Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

A.No.702 of 2022 in C.s.(Comm. Div.) No.664 of 2019 SENTHILKUMAR RAMAMOORTHY, J This application is filed by the plaintiff in the suit seeking to correct the typographical/clerical error in the plaint, judgment and decree. The plaintiff states that the correct name of the plaintiff is "M/s. ETERNITY DEVELOPERS PVT LIMITED". However, on account of a typographical/clerical error, the name was wrongly entered in the plaint as "M/s.ETRENITY DEVELOPERS PVT LIMITED". Consequently, the same error was carried forward into the judgment and decree. The present application is filed to rectify this error.

2. Learned counsel for the defendants is present and has no objection to this application being allowed.

3. Upon considering the submissions and on examining the affidavit in support of the application, it is evident that the said error is a mere typographical/clerical error. As such, this application is liable to be allowed. Therefore, this application is allowed by permitting the plaintiff to amend its name as "M/s. ETERNITY DEVELOPERS PVT LIMITED" Page No.1 of 3

instead of "M/s.ETRENITY DEVELOPERS PVT LIMITED" in the cause title, statement of address and any other relevant place in the plaint.

4. As a corollary, the Registry is directed to carry out the said correction and re-issue the judgment and decree in C.S.(Comm. Div) No.664 of 2019. The plaintiff shall carry out the amendment to the plaint on or before 04.03.2022. The Registry is directed to re-issue the judgment and decree within a period of two weeks thereafter. kal 02.03.2022 Page No.2 of 3

SENTHILKUMAR RAMAMOORTHY, J kal A.No.702 of 2022 in C.s.(Comm. Div.) No.664 of 2019 02.03.2022 Page No.3 of 3