Zameer Ahmad Wagay vs State and Others

Mansoor Ahmad Mir, Judge

This revision petition is directed against the order dated 15th of March, 2010 whereby application moved by plaintiff-petitioner came to be

dismissed, hereinafter for short as impugned order.

A suit titled as Zameer Ahmad Wagay v. State of Jammu and Kashmir and others was instituted by the petitioner-plaintiff before the trial court,

came to be decreed vide judgment and order dated 31st of July, 2009.

Plaintiff noticed that a mistake had crept in and laid a motion for its correction vis-a-vis changing the parentage of the plaintiff-applicant from

Abdul Rahman Wagay to Abdul Rahim Wagay.

Virtually the petitioner had sought to correct, not the first or the last name of the parentage but the middle name viz. Rahim in place of Rahman.

The table amendment sought for was resisted by the other side and the application came to be dismissed vide the impugned order.

Heard. Perused.

The trial court has fallen in error while recording the impugned order. It also appears that learned counsel for the parties had not properly

assisted the trial court resulting in recording the illegal, impugned order.

The Civil Court is vested with ample powers to rectify the inadvertent errors caused due to typography etc.

It is apt to reproduce Sections 151, 152 and 153 of the Code of Civil Procedure, hereinafter for short as CPC, herein:-

Saving of inherent powers of Court

Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the

ends of justice or to prevent abuse of the process of the Court.

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.

General power to amend

The Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit;

and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.

The Court is within its powers to invoke jurisdiction for rectifying the errors which are crept in while recording the judgment or decree or in

both. The court in terms of the mandate of provisions supra can effect correction to inadvertent mistakes or any other error in pleadings including

the title clause.

This court in a case titled as Krishana Devi v. Krishan Lal and anr. reported as 1987 KLJ 177 held that a Court has powers to allow the

rectification of a decree-judgment. Again in case titled Mst. Saraswati & Ors. v. Chunni lal & Ors. reported as 1980 SLJ (2) 611 this court has

held that Court can rectify the mistakes which are wrongly referred in the amended plaint and also consequently recorded in the judgment and

decree. Even apex court in a case titled as Samarendra Nath Sinha and Another Vs. Krishna Kumar Nag, has laid down the same principle.

I am of the considered view that the mistake has crept in due to typographical error and Rahman in place of Rahim came to be wrongly

recorded. If the court dithers to invoke its jurisdiction and exercise its powers for rectification of such minor mistakes, the same would not only be

against the concept of law and justice but will also deprive the petitioner-plaintiff of whatever usufruct he has earned right from the date of filing the

suit till today due to trivial error. Virtually that will amount to dismissal of the suit and will result in miscarriage of justice, something that the courts

are bound to be against strictly.

In the given circumstances, the reasons assigned by the trial court while recording the impugned order of dismissal are held to be imprecise,

therefore unacceptable.

Accordingly, the revision petition succeeds subject to payment of costs of Rs. 5000/- payable to the defendants, and the order impugned is

set-aside, consequent whereof the application filed by the plaintiff-petitioner for rectification is also allowed and plaintiff-petitioner is permitted to

make table amendment in the title clause of the suit. Registry to take necessary steps as follow up.

This order shall form part of the judgment and decree passed by the trial court. Disposed of as such.