Clerical Mistake in Regd. Lawyer Notice.
allurisivajiraju
(Querist) 27 March 2010
This query is : Resolved
Respected Seniors,
In a suit for recovery of promissory note debt there is a small clerical mistake taken place i.e. date of execution of the promissory note was wrongly mentioned in the Registered Lawyer Notice as 31-06-2008 in the place of 30-06-2008. In fact there is no 31st day in the month of June. There is no reply notice from the defendant. Subsequently suit was filed and it was posted for arguments. But the defendant taken a specific defense in his written statement with regarding to the date of the execution of the suit pronote in the notice.
In the above circumstances what are the remedies available to the plaintiff. Is there any judgements in favour of Plaintiff.
Thanking You in Advance.
adv. rajeev ( rajoo )
(Expert) 28 March 2010
You could have filed an further chief affidavit stating that due to over sight instead of 30/6/2008 date of execution of promissory note dt is shown as 31/6/08 in the lawyer notice.
What is the date mentioned in the plaint it is to be looked into.
Parthasarathi Loganathan
(Expert) 28 March 2010
I remember a case where date of cheque was wrongly mentioned as 31st Sept which the counsel argued that since there is no such date the plaint referred to 30th Sept only which the court has taken notice of.
G. ARAVINTHAN
(Expert) 28 March 2010
If the error is not in plaint, you better mention the same in the proof affidavit or chief examination. If it is in plaint, better file an application for amendment as it is a ground for amendment
B K Raghavendra Rao
(Expert) 28 March 2010
The typographical error in a legal notice of minor nature would not affect the plaint or the case as such. When the promissory note which has been presented to the court is dated 30.06.2008, the legal notice by its error cannot make the fact change to 31.06.2008. As such, this error is not fatal to the case.
Plaintiff may argue the matter on the above lines and the court would honour it.
anantha krishna n.v. Advocate
(Expert) 03 April 2010
minor aberrtions do not come in your way to success on plaintiff's side.
Document (promissory note in this case) speaks better evidenc by itself. As long as the Promissory note is within limitation, do not get agitated by the defence of the otherside. Your query states about objection abut the date of execution. I believe that the defendant has not denied the very execution of the PN. This admission will certainly put case in your favour
