Avtar Singh vs Mohinder Singh and Another

Hemant Gupta, J.—The challenge in the present revision petition is to the order passed by the learned trial Court on 26.8.2010, whereby the plaintiffs have been permitted to correct the date of sale in the plaint as 7.2.1975.

The plaintiff-respondents filed a suit for possession relying upon the purchase of the property vide sale deed dated 7.12.1975. By way of amendment, the plaintiffs wish to correct the date of the sale deed as 7.2.1975.

Learned Counsel for the petitioner has vehemently argued that the objection regarding the date of sale was taken in the written statement, but the plaintiffs filed replication and reasserted the date of sale in their favour as 7.12.1975. Therefore, the plaintiffs cannot be permitted to amend the plaint so as to correct the date of sale deed as 7.2.1975.

The argument raised by the learned Counsel for the petitioner is wholly unsustainable. It is a typographical or inadvertent mistake, which is sought to be corrected in the plaint when the date of the sale deed was mentioned as 7.12.1975, though the correct date was 7.2.1975. Such correction in the date does not lead to any change of pleadings or requirement of leading any fresh evidence. The said correction in the date is to advance the cause of justice.

In view of the above, I do not find any patent illegality or material irregularity in the impugned order passed by the trial Court, which may warrant interference by this Court in exercise of its revisional jurisdiction.

Hence, the present petition is dismissed.