Correction of clerical mistake while recording the statement

FIN

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)


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FIN

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.


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FIN

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.


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teaching

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 

 
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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. 🙏🙏
 
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teaching

GET LOST SRIVASTAV

 
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Ms. Sonam Kaur refrain yourself from using such words. Teachers like you are curse to the society. A teacher like you who even does not know how to behave on such public platform, the future of children are fatal to the future of innocent children.
 
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teaching

Srivastav. I havebverybwell kniw what kind of jerk u are. there is another lawyer and check hisbproper reply and compare yourself . U are nightmare for your client . i think u like to get kick on your ass everutime so u are ranting on my threat. If some left inside u . U must not visit thebplace wherw u have lost your dignity credits . Now is that enough or u want some more dose😀
 
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It proves your culture, upbringing and background and frustration. No words to say more as I cannot go to your extent and cannot be abusive like you.
 
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teaching

Hey dumb ass i said u get lost i never attack u personlly u are goinf on my culture then u deserve fxk in your asshle . GOT IT BASTRDS. MF GETLOST
 
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