venkata subrahmanyeswara rao B
(Querist) 07 August 2012
This query is : Resolved
respected sirs, I filed three I.A.s to seeking re-open, re-call and to creave leave of the court to receive the documents. out of Three two I.A.s rejected and one I dismissed. Unfortunately, at the time of filing petitions due to typographical mistake the 1st petitioner name was wrongly mentioned. Either the office of the court or other side and or the officer not found the mistake and the matter was disposed off. When I preferred Revision before the Honourable High Court, the registry took an objection regarding that and direct to amend the same. When I filed petitions to seeking permission to amend the petition and also amend the cause title in order and decree passed by the lower court the learned lower court returned the same that How the petition is maintainable as the I.As are disposed off. Please advise me in this regard. If any decisions are there please send me same with regards B.V.Subrahmanyeswara Rao
(Expert) 07 August 2012
I think by the time you filed applications, the suit/petition was posted for further proceedings after evidence. Because you have used the word "decree" I presume that the suit has been disposed of.
The amendment you are seeking is correction of Name of the party wrongly mentioned by typographical mistake. The mistake is bonafide apparent on record since the name of the party as described in the cause title of the main petition differs from that mentioned in IA's, u/s 151 the trial court has got to permit you to amend the same. The mistake crept in has been allowed o continue by parties to the petition and also the court itself. Disposal of the petition/IA will in no way come in the way of proposed amendment since it does not make the pleadings speak different from what it originally spoke. It would defeat the justice if the court were to reject your prayer. Kindly argue in this way and get the relief. I could not lay my hands to any direct decisions on this aspect.