Can I submit the application under Sec 151 of CPC?

Rekha..... (Querist) 16 March 2009 This query is : Resolved
Respected Sirs/Ma'am

I hv made typographic mistake in affidavit which is already on the record of the Hon'ble Court. I hv written in the Affidavit that "all original documents r produced and marked as 3/1 to 3/40" instead of 31/1 to 31/40.( IT SHOUD BE 31/1 TO 31/40)
So from the abovementioned facts Can u tell me that can I submit application to ractify the mistake under Sec. 151 of CPC?
Please reply. Thnks

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Jithendra.H.J (Expert) 16 March 2009
no need, just re-call the witness, let him state on oath that it was a typographical error and it should have been like this...etc,..

adv. rajeev ( rajoo ) (Expert) 17 March 2009
no need to file an application u/s 151 u recall the witness and get it marked once again

PALNITKAR V.V. (Expert) 17 March 2009
Sometimes courts do not permit recalling of witness. So you may file application u/s 151CPC. In the same application you may make a request to recall the witness.

RAKHI BUDHIRAJA ADVOCATE (Expert) 17 March 2009
Mr. Planitkar viewed absolutely right.U should file an application u/s 151 CPC seeking both relieves.

MANISH (Expert) 17 March 2009
Mr. Palnitkar is right.
recalling of witness if upto the discretion of court.

sanjeev murthy desai (Expert) 17 March 2009
i agree with the above answers

sanjeev desai

Shyam Ji Srivastava (Expert) 17 March 2009
I agree with the above friends and you can also filed another affidavit becoz you can not amend the affidavit u/s 151 of cpc

Sushil Kumar Bhatia (Expert) 19 March 2009
The affidavit is not a pleading you must move an application u/s 151 C.P.C and refer the mistake and pray to withdraw the affidavit and for filing fresh affidavit

SANJAY DIXIT (Expert) 19 March 2009
You can't rectify the mistakes/ make amendments in the affidavits.
For what purpose this affidavit was filed?
Whether it is Examination-in-chief?
If yes, whether examination-in-cross held?

Hiralal Das (Expert) 04 April 2009
Thanks all of you. I agree with the opinions of my learned members friend. You may follow them which should the proper ways to solve the problem.