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High Court of Punjab and HaryanaCR/4113/2019allowed

Chanchal Singh v. General Public And Others

2020-01-29Mr. Justice Mahabir Singh Sindhu2 pages



    

           CR41132019(O&M) Date of Decision:29.01.2020 Chanchal Singh ..Petitioner

Versus

General Public and others

...Respondents

 

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Present:

Mr. Pardeep Bajaj, Advocate, for the petitioner. Mr. Harkawal Preet Singh, Advocate, for the respondents. *****



$$ %# Present petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 03.05.2019 passed by learned Civil Judge (Senior Division), Zira, whereby the application of the petitioner for correction of typing error regarding the date of death of his father, namely, Sardool Singh @ Dulla Singh, son of Lehna Singh, was rejected. Mr.Harkawal Preet Singh, Advocate has put in appearance on behalf of the respondents and files two separate vakalanamas on behalf of the respondents, including the LRs of respondent No.2. Registry is directed to tag the same at the appropriate place.

It is contended by learned counsel for the petitioner that in the application filed under Section 372 of the Indian Succession Act, 1925, (for short 'the Act'), the date of death of his father was mentioned as 12.06.2016 instead of 16.12.2016, and consequently, the same has been repeated in the order dated 27.02.2018, passed by learned Additional Civil Judge, (Senior Division), Zira. Further RASHMI 2020.02.05 17:52 I attest to the accuracy and integrity of this document



  contended that error had occurred due to inadvertance and not intentional or deliberate. Reference in this regard is made to death certificate dated 26.12.2016 (P3), which indicates the date of death as 16.12.2016.

Learned counsel for the respondents has no objection in case the prayer of the petitioner is accepted by this Court. In view of the agreed stand taken by both sides, the present civil revision is allowed. Concerned quarter is directed to make necessary correction in the order dated 27.02.2018 passed by learned Additional Civil Judge (Senior Division), Zira, (P4), regarding date of death of Sardool Singh @ Dulla Singh, son of Lehna Singh, as 16.12.2016 instead of 12.06.2016.

However, it is clarified that in case, anyone from the general public feels aggrieved against the above order, he/she would be at liberty to move an appropriate application in this regard.  



$$      January 29, 2020    Whether speaking/reasoned yes/no Whether reportable?

yes/no RASHMI 2020.02.05 17:52 I attest to the accuracy and integrity of this document