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Mona Langayan (Learner)     07 May 2010

Evidence in DRC

At the time of filing evidence in eciction  Petition under Delhi Rent cntrol Act in stead of exhibing the documents as Ex Pw-1/1 t0 Ex Pw-1/10 inadvertantly the documents got exhibited as Ex Pw-1 to Ex Pw-10. It is an ex-parte evidence. Does it affect on judgement? If yes, how to rectfify this mistake?



Learning

 8 Replies

Devajyoti Barman (Advocate)     07 May 2010

Since the error is clerical in nature the court either on its own motion or by the application filed by the party u/s 152/153 cpc can correct that mistake.

CA Adarsh Agrawal (CMD of SHAYVIDZ Group)     08 May 2010

agree with Barman Sir !!

Mona Langayan (Learner)     08 May 2010

Thank you sir for your kind suggection ... shall do the same

Kiran Kumar (Lawyer)     08 May 2010

one more thing, the settled law is strict principles of CPC do not apply to rent proceedings, since the Rent Controller is technically not a judge but merely a persona designata so a mere technical error will not defeat justice.

 

otherwise also procedural laws are hand made of justice, a clerical error or a sheer procedural error shall not defeat the ends of justice.

Mona Langayan (Learner)     08 May 2010

Thank you kiran jee for giving me valuable time ...  I agree its a clerical mistake but in case even the lawyer also exhibits the documents in the courts same way means Ex. PW-1 to PW- 10 instead of PW-1/1 to PW-1/10 in red pen ... then also it does not effect \ and the judge in its own motion shall bye this mistake ... it is an ex-parte evidence and the respondent shall not attend the court in any manner because the responedent who ia a tenant is a habitual defaulter has moved one petition for mandatory injuction against the landlady whwerby the tenant had moved false contemt petition against the landlady whereby the judge found the versions incorrect and warned him not to pursue the said application .. later on when when he saw himself in trappaed position he disappeared that case was dissmmed in default and he never received the summons of the present eviction petition and vacted the rented premises CHUPKE CHUPKE in order to avoid the litigations but did not hand over the keys to the land lady who is petitioner in the present case ... and now the problem of exhibiting the documents came in between ????????????


(Guest)

KINDLY NOTE THAT EVEN ANY TYPING  OR CLERICAL ERROR IN JUDGEMENT CAN BE RECTIFIED, HENCE YOU MAY SUBMIT THE APPLICATION THE COURT AND SPECIFICALLY PRAY THE NECESSARY CORRECTIONS , YOUR PURPOSE WILL BE SERVED.

THANKS.

P.K.Haridasan (Advocate)     08 May 2010

It is only a clerical error. can  be rectified later 

Mona Langayan (Learner)     08 May 2010

thank you nand kishore jee


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