Rosemary @ Setha And Another v. Amul Priya And Another

A.No.9659 of 2019 in O.P.No.689 of 2017 A.No.9659 of 2019 in O.P.No.689 of 2017 SENTHILKUMAR RAMAMOORTHY, J.

This application is filed to permit the applicant to amend the Schedule - B debts by deleting the existing erroneous amount of Rs.5 lakhs and to substitute it with the correct amount of Rs.6 lakhs.

2. I heard the learned counsel for the applicant and the learned counsel for the respondents.

3. The learned counsel for the applicant submitted that in Schedule - B to O.P.No.689 of 2017, the applicant/petitioner had committed an arithmetic error in totalling the value of the assets specified therein. In specific, she submits that the correct aggregate value should be Rs.6 lakhs and not Rs.5 lakhs as wrongly mentioned therein because of inadvertence.

4. The learned counsel for the respondents has no objection, if this application is allowed.

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A.No.9659 of 2019 in O.P.No.689 of 2017 SENTHILKUMAR RAMAMOORTHY, J kal

5. Upon considering the submissions of the learned counsel for both sides and on examining the affidavit and the Original Petition, it is clear that the petitioner has made an arithmetic error in computing the aggregate value of the assets specified in Schedule - B. As contended by the learned counsel for the applicant, the correct aggregate value of the assets specified therein should be Rs.6 lakhs and not Rs.5 lakhs as erroneously mentioned.

6. Accordingly, this application is allowed by permitting the applicant/plaintiff to amend Schedule - B in O.P.No.689 of 2017 by replacing the incorrect aggregate amount of Rs.5 lakhs with the correct aggregate sum of Rs.6 lakhs and to carry out the consequential amendment in the Succession Certificate.

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