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Correction of affidavit

(Querist) 07 November 2012 This query is : Resolved 
dear seniors,
there is a typographical mistake was happened in the body of affidavit filed in a civil suit that we have wrongly mentioned the suit number as OS.72/2011 instead of OS.76/2011. at that time of argument we have filed an application to correct the above mistake and the other side resisting the same as if the affidavits cannot be amended or corrected and there is no provision in the CPC. please clarify me that what are all the procedures to be followed to correct the affidavit? if any latest citations would be given it would be more helpful to me. please
Arun Kumar Bhagat (Expert) 07 November 2012
By filing supplementary affidavit treating the same as part of the earlier one.
Gulshan Tanwar (Expert) 07 November 2012
That is a human error and an application under s.151 cpc may be filed for the rectification in typographical mistake.
Thats simple!!!
V R SHROFF (Expert) 07 November 2012
Such small, typographical error is always allowed. OS 72 & os 76 cannot be between same party, so just a Application will be sufficient to correct it.
R.Manivasagan (Querist) 07 November 2012
thank u seniors. today when i had argued the matter, the opponents resisted that the additional affidavit should also be sworn before the same advocate who attested the earlier affidavit. though i can understand for that purpose of prolong the case, the respondents resisted as stated above i would like to clarify the same through the seniors such as you. thanks
R.K Nanda (Expert) 07 November 2012
file amended affidavit with permission of court.
Ravikant Soni (Expert) 07 November 2012
The affidavit significant for the facts for which it is given. wrong mentioning of case no. doesnt makes it fatal till it is attached in proper file.


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