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Sonam Kaur (teaching )     23 December 2018

Correction of clerical mistake while recording the statement

My  witness had called in Hon'ble court to record his statement . He had very well explained the incident he  witness againnst 6 people. But while we get the certified copy of his statement we found that the name of the person accused he had taken while in presence in front of megistrate in court was not written as he had said  to  hon'ble  court . for ex. he said  prashant pawar and clerical wrote roop pawar. now what should we do to  correct that mistake done by clerk (may be intensionally) .cross on his statement is  not  yet been done . so before his  cross examination we want to  bring this correction in notice of the court . Plz guide me what to do ,any sample format ,section , will be helpfull to me a lot .

 

Thanks 

Sonam 



 39 Replies

Siddharth Srivastava (Advocate)     23 December 2018

why you gave earlier not pointed out to court and as per procedure witness has to sign after going through the evidence recorded which is called ROAC. it is too late now but as the evidenc if witness is not complete hence you can asked related question from the witness. Even if you point out the mistake to judge even then it is difficult for judge to ascertain the fact BJ it effort can be made.

Sonam Kaur (teaching )     23 December 2018

what r u  saying under what unnderstanding i  dont know. its not  our mistake but clerical and to  get certified copy we have to  wait weeks and weeks we dont get on same day. and then when we tried to  move applicaiton judge reject come on the date of hearing and she gives next hearing date after 3 months what is our fault ? if we are giving authority then we would  give in video record then this biased judge and clerk would  get exposed . 

Sonam Kaur (teaching )     23 December 2018

i cant understand your language BJ , ROAC

Siddharth Srivastava (Advocate)     23 December 2018

As such there is no complicated language were used. there is lapse and fault on your part and also on part of witness who while signing the evidence recorded on particular did not point out the mistake of clerk as claimed by you. for a judge who deals with numerous cases it is difficult to ascertain the genuiness of your claim of stated clerical mistake. ROAC means that the evidence recorded were read over to witness who on finding the same correct put his signature in confirmation. you are a interested person who will gain milage if stated modification is carried, hence, for this reason the judge instead of giving one sided order thought it proper to hear other party also. For lapses on your part and witness the judge and clerk cannot be blamed. it is very easy to raise figure but it is very difficult to prove the same. Neither judge was biased nor there is any mistake on part of clerk. At the time of recording there must be you, your lawyer, witness, opposite party and his advocate and it is strange that all were silent when the evidence was going to be recorded. since witness has not been discharged so it relevant question can be put in this regard.

Sonam Kaur (teaching )     23 December 2018

I guess what kind of lawyer u are.. are u frustuated one? 

 

Neither judge was biased nor there is any mistake on part of clerk.  

who was typing ?? my witness? u seem to be having comprehensive problem . when u dont know anything keep yr ass out of this forum . read my reply again and again dont drink and reply nonsense.

Siddharth Srivastava (Advocate)     23 December 2018

No, infact you have shown your colour. you seem to be frustrated and habitual litigant. You had made such bald and frivolous allegation. you were not vigilant that was your mistake and if there was mistake as claimed by you then why witness had put his signature. witness had right to refuse to sign unless his statement is not rightly recorded. Keep your senses open when levelling such bald allegations. if you are not satisfied with the act of judge then you have option to get the case transferred and to challenge the order in higher court. consult your lawyer with my replies instead of using filthy language.

Sonam Kaur (teaching )     23 December 2018

GO yaar u are just a looserr i think u  dont have any case with u. go and check your head with some good  dr. if  u know what is sense it is the mistkae of  the one who type not who  narrate u lilliput headed. i dont know why are u giving yr useless kharchra gyaan to me . yr response proves that u are just faltu type layer who dont know even a basic law . poor  you. !!

Siddharth Srivastava (Advocate)     23 December 2018

thanks but I donot require any certificate from people such like you. donot remain frustrated.

Kumar Doab (FIN)     23 December 2018

The precedences and HC rules might have provison/practise that…….wa sread over and signed!

The witness might have signed the statement after that was read over.

Usually IT is believed in court that statement was signed after IT was read over and OP may also contest the application. The litigant and counsel of the litigant (your party) may not agree to contentions of OP.

 

Code of Civil Procedure, 1908

 

151;

152.Amendment of judgments, decrees or orders.-

 

Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties

…to be justice between the parties.

Code of Civil Procedure 1908 - Schedule I

ORDER VI : PLEADINGS GENERALLY

17. Amendment of pleadings

The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

 

As per the provisions of Order 6 Rule 17 of the Civil Procedure Code, the amendment application should be normally granted unless by virtue of the amendment nature of the suit is changed or some prejudice is caused to the defendant.

Amendment of Plaint is the rule and denial is the exception before Trial Actually begins (implying the taking of evidences)

2 Like

Kumar Doab (FIN)     23 December 2018

THE CODE OF CRIMINAL PROCEDURE, 1973; 268, 272, 362

 

If the facts are of documentary nature then weightage to documentary evidence can be given.

Another witness that can verify with greater responsibility may be of some help.

 

In worst cum worst situation HC may provide relief under IT's inherent powers.

1 Like

Kumar Doab (FIN)     23 December 2018

These may help;

Madras High Court

M.Muthukumar vs K.P.Govindasamy on 2 March, 2016

       

 

 

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2016

CORAM

THE HONOURABLE MR. JUSTICE M.VENUGOPAL

CRP (PD) No.2105 of 2013

and

M.P.No.1 of 2013

 

 

Orissa High Court

Netrananda Dalai vs Ratnabati Nayak Dead And Another on 16 July, 2016

                  HIGH COURT OF ORISSA: CUTTACK

 

                           W.P.(C) No.12357 of 2008

 

   In the matter of an application under Articles 226 & 227 of the

   Constitution of India.

 

Supreme Court of India

Raj Kumar Bhatia vs Subhash Chander Bhatia on 15 December, 2017

Bench: [ D Chandrachud], [ Misra]

                                                           1

 

 

                                                                                    REPORTABLE

 

 

                                    IN THE SUPREME COURT OF INDIA

                                     CIVIL APPELLATE JURISDICTION

 

                                        CIVIL APPEAL NO .19400 OF 2017

                                     [Arising out of SLP (C) No.

 

8858 of 2017]

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 04.2.2010 Judgment Delivered on: 10.2.2010 + CS(OS) No.1734/1999, I.A.No.9113/2009 & Crl.M.A.No.12895/2009( u/O 340 Cr.P.C.) M/S BHUSHAN STEEL & STRIPS LTD. ………….Plaintiff Through: Mr. Rajesh Banati & Mr. S.K. Aggarwal, Advocates for the plaintiff. Versus M/S BHARTIYA LOHA UDYOG (P.) LTD. ………….Defendant

 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Writ Petition No. 3853 of 2012

Suresh Uttamrao Dhawale,

 

                    ­Versus­

M/s Ankur Seeds Private Ltd.

 

 

CORAM  : SMT. VASANTI A. NAIK, J.

 DATE     :   1st November, 2012.

1 Like

Sonam Kaur (teaching )     23 December 2018

Ohh that very useful for me > Thanks a lots Sir. U have given proper Help in this forum to me.  May god give u abundance of happiness and victory . Take care 

Siddharth Srivastava (Advocate)     23 December 2018

it is criminal case so neither order 6 rule 17 CPC which deals to make amendments in pleadings if any requirement due to change in circumstances or any reason validly relating to matter in controversy and section 151 of CPC are not applicable nor can be invoked. inherent power are applicable in civil cases only in certain specified conditions only. 🙏🙏

Sonam Kaur (teaching )     23 December 2018

GET LOST SRIVASTAV


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