Sakib Ali Khan v. Rashidan Alias Nasiran And Another

In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 4812 of 2022 Date of Decision: 27.02.2025 Sakib Ali Khan ... Petitioner(s)

Versus

Rashhidan Alias Nasiran and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Jai Bhagwan, Advocate for the petitioner(s).

Mr. Arihant Jain and Mr. Kanish Jindal, Advocates for respondent No.1.

Anil Kshetarpal, J.

1.

This revision petition has been filed by petitioner/defendant No.2 to assail the correctness of the order dismissing his application for permission to amend the written statement.

2.

The only amendment sought by the petitioner is to correct a typographical/printing error with reference to the date of gift deed. In the written statement, it was typed out as "10.09.2009", whereas it is "10.06.2009". Unfortunately, the Trial Court has dismissed the application forcing the petitioner to come to this Court. Such typographical errors can creep even after the case has been decided. It is evident that the Trial Court has taken a conservative view while dismissing the application. 3.

The learned counsel representing the respondent No.1 submits that the application was filed when the defendants were leading their DEEPAK KUMAR BHARDWAJ 2025.03.04 10:20 I attest to the accuracy and integrity of this document

Civil Revision No. 4812 of 2022 evidence and proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908, does not permit such amendments.

4.

This Court has considered the submissions of the learned counsel representing the parties.

5.

This Court finds no merit in the respondent's objection. As already noticed, this is only formal amendment to correct the error which has crept in due to wrong printing. Such error should be permitted to be corrected in order to advance the cause of justice. 6.

Keeping in view the aforesaid facts, the present revision petitoin is allowed and the impugned order is set aside. (Anil Kshetarpal) Judge February 27, 2025 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2025.03.04 10:20 I attest to the accuracy and integrity of this document