Typographical mistake
shailendra patadia
(Querist) 13 July 2014
This query is : Resolved
Sir's i was convected in N.I Case apeal in session court rejected revision in high court. high court issued rule while issuing rule ordered part of the cheque amount to be deposited or to face regours as orderd by M M Court . went to supreme court. supreme court dismissed as nothing wrong to deposit part cheque amount . Now my question is there are some continus error in the order of the sessions court of the mentioning wrong case number of the M.M Court the same mistake carried in the order of the high court the direction in high court was to face the regours mentioned in the lower court with wrong case numbers as mentioned in the order of the sessions court so now the complainant have moved for rectifaction of the case number can the high court now change the case number in view of that the mistake is acontinus mistake from session court order and further slp was prefered in supreme court for not deposition the money but the same was dismissed so in view of the above now dose the high court have the jurisduction to correct the mistake or the mistake has to be corrected by supreme court or by the sessions court from where the mistake is being carried kindly advise
T. Kalaiselvan, Advocate
(Expert) 14 July 2014
Just because the case number was mistake, did the other details namely cause title and other facts differed to the original case?, the number was wrongly typed, hence it can be rectified in the sessions court itself as typographical error.
Dr J C Vashista
(Expert) 14 July 2014
The error do not affect the merits vis-a-vis judgment.
ajay sethi
(Expert) 14 July 2014
agree with experts
V R SHROFF
(Expert) 14 July 2014
parties name is same, facts are same.
Mere typographical error of figures of case number will not matter the merit of case.
shailendra patadia
(Querist) 14 July 2014
Respected Sir's thank you for your reply my concern immediate is that my matter is pending and Rule has been issued by the High Court but since there were mistake in the order of the high court as well in the session court the money ordered to be deposit for suspention of sentence have not been deposited by me and because of the mistake in the error in direction of the high court to face rigors if the amount is not deposited which was to face regors of wrong case number so the M M court have rejected the convection warrant application of the complainant that due to wrong case number mentioned in the order of the high court there are no direction for this court so know the complainant have moved again the high court to rectify the error so in view of that the order to deposit money i had approched the supreme court by way of Slp for not to deposit the money and the same was dismissed so know when such the odered is legal which is declared by supreme court can the high court make any changes or the complainant has to move before the supreme court for any changes in the order and further the mistake is in the orderof the sessions court which has been carried by the high court in his orders for direction so also can the high court can rectify the order of the session court and as such yes then why not my application be heard as i also have filed revision with respect to the impunged order of the secession court so will the high court justified only remove difficualty of the complainant in view of the above facts kindly advise
T. Kalaiselvan, Advocate
(Expert) 15 July 2014
You better consult your lawyer with your understandable further question for proper clarification.
Biswanath Roy
(Expert) 15 July 2014
You shall have to rectify the mistake and to remove the error by filing a Review petition before the same court where commission of mistake and error occured assigning cause therein that such mistake is preventing you to deposit money in compliance to the order of the Hon'ble High Court. So,you shall have to state in your review petition that unless the error is removed you will be highly prejudiced.
