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2017 DIGILAW 823 (HP)

Vaishnavi Negi v. Bhadur Singh

2017-07-21

SURESHWAR THAKUR

body2017
JUDGMENT : Sureshwar Thakur, J. 1. An application was filed by the plaintiff before the learned trial Court under the provisions of Order 6, Rule 17 read with Section 151 of CPC, wherein, he with the leave of the Court sought to incorporate in the plaint, the hereinafter extracted amendments:- "10. That the applicant proposes the following amendments in the plaint: (a) That the applicant proposes to substitute figures and words “Khata Khatauni No. 514/1160, khasra No. 6362/6191/1877” instead of figures and words “ Khata khatauni No. 56/140, khasra No. 6364/6191/1877, total land measuring 5-13 bigha” in the title of the suit. (b) That applicant proposes to substitute figures and words “Khata Khatauni No. 514/1160, Khasra No. 6362/6191/1877” instead of figures and words “Khata Khatuani No. 56/140, khasra No. 6364/6191/1877, total land measuring 5-13 Bigha” in the para No. 1 of the suit. (c) That the applicant proposes to substitute figures and words “Khata Khatauni No. 514/1160, Khasra No. 6362/6191/1877” instead of figures and words “Khata Khatuani No. 56/140, khasra No. 6364/6191/1877, total land measuring 5-13 Bigha” in the prayer clause of the suit." 2. The learned trial Court dismissed the aforesaid application, whereupon, the plaintiff being aggrieved therefrom is led to institute the instant revision petition before this Court. 3. The suit khasra numbers actually bear numbers 6362/6191/1877, whereas, in the plaint the plaintiff/petitioner had claimed the apposite relief in respect of Khasra No. 6364/6191/1877. However, the aforesaid mis-portrayal of the numbers of the suit khasra numbers was contended in the application, at hand, to arise from sheer inadvertence or typographical error also from the Patwari concerned issuing a jamabandi with respect to the suit property, with the aforesaid inaccurate depiction therein. The learned trial Court, however, held that the aforesaid correction through an amendment as endeavoured to be carried out in the plaint neither hitherto arising from sheer inadvertence nor from a typographical mistake, rather it held that if the amendment is allowed, it would change the entire structure of the suit also would result in its denovo trial, hence, it proceeded to dismiss the application. 4. The learned Senior Counsel appearing for the defendant/respondent herein likewise contended with vigour that the aforesaid reasons assigned by the learned trial Court for dismissing the application hold validation and enjoin this Court to vindicate them. 5. 4. The learned Senior Counsel appearing for the defendant/respondent herein likewise contended with vigour that the aforesaid reasons assigned by the learned trial Court for dismissing the application hold validation and enjoin this Court to vindicate them. 5. Be that as it may, importantly, the plaintiff has filed a suit for specific performance of an agreement to sell, executed with respect to suit khasra numbers, original whereof being not in possession of the plaintiff rather it being lost and destroyed, thereupon, on an appropriate motion being made before the learned trial Court under the relevant provisions of law, the plaintiff/petitioner was permitted to adduce secondary evidence in respect thereof. The contention of the counsel for the petitioner in respect of hitherto errors occurring with respect to inaccurate depictions of suit khasra numbers in the plaint also the apposite error arising from sheer inadvertence or its stemming from any typographical mistake, would acquire validation, only when the apposite leave in respect of incorporation of the correct khasra Number, in the plaint, correct khasra number whereof is depicted in Ex.PW2/A, exhibit whereof embodies a purported receipt executed by the defendant/ respondent, holds in respect thereof concurrence therewith. A perusal of Ex.PW2/A does disclose that it pertains to khasra No. 6362/6191/1877 measuring 0-2 biswas situated in Mauja Shillai, District Sirmour, H.P. The reflection of the aforesaid khasra number therein when hence is in consonance with the correct suit kahsra number, in respect whereof an apposite incorporation with the leave of the Court is sought, in the plaint, thereupon the hitherto inaccurate reflections in respect thereof occurring in the original plaint are to be construed to arise from sheer inadvertence besides from a typographical error. Moreover, the aforesaid conclusion renders unbefitting the conclusion formed by the learned trial Court that if the aforesaid amendment is permitted it would grossly change the complexion, nature and structure of the plaint. 6. Consequently, the instant petition is allowed and the impugned order is quashed and set aside. The petitioner herein/plaintiff is permitted to carry out the proposed amendments in the plaint. The parties are directed to appear before the learned trial Court on 30th August, 2017. All pending applications also stand disposed off. Records be sent back forthwith.