Rectification of Mistake in plaint of recovery u/o 7 rule 1 cpc 1908
madhu mittal
(Querist) 01 July 2011
This query is : Resolved
In plaint point no. 1 it was written that the company is registred under companies Act 1956 on 12.10.1994(12th Octomber 1994) in stead of 05.09.1991 (5th September 1991). The Certificate of incorporation was enclosed with the plaint is of dated 05.09.1991 (5th September 1991).Plaint was lodged in court on 03.04.2006. But notice was served on defendant in May 2011. The stage of case is :Defendant came in court on 29.06.2011 with written answer statement, though he did not point out this mistake, simply saying non acceptable in want of knowledge. Please let me (plaintiff) know how to get the mistake rectified.
Advocate Bhartesh goyal
(Expert) 01 July 2011
File an application u/o 6 r 17 of civil procedure code mention therein that date of incorporation of company has been by mistaken written wrongly whereas the actual date of incrporation is mentioned in certificate which has been enclosed with plaint.As it is bonafide mistake so court will allow you to amend/rectify mistake.
adv. rajeev ( rajoo )
(Expert) 01 July 2011
file an amendment application u/o 6 rule 17. You have to take contention that by this amendment nature of the suit won't be changed.
prabhakar singh
(Expert) 02 July 2011
move an amendment application u/o 6 rule 17
pleading inadvertence in typing,which does
not change the nature of the suit or the cause of action.
Kirti Kar Tripathi
(Expert) 02 July 2011
This is not major mistake and can be amended under Order VI rule 17. The fundamental principle to deny amendment is it should not enlarge the scope of earlier pleadings. This clerical mistake and does not enlarges the scope earlier pleadings.
