SUBASH DEBNATH Vs. SHYAMAL SARKAR
HIGH COURT TRIPURA
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T.AMARNATH GOUD,J. -
(1.)This instant revision petition has been filed under Article 227 of the Constitution of India, for quashing/canceling/setting aside the order dtd. 6/4/2022 in Civil Misc, Case No.09 of 2021 in T.S.157 of 2016 passed by learned Civil Judge, Senior Division, Khowai, Tripura.
(2.)The fact of the case in brief is that, the petitioner being the plaintiff filed the T.S. Suit No.157 of 2016 against the respondents for confirmation of title over the suit land, described in the plaint and inter alia for recovery of the khash possession of the suit land by evicting the defendants and his agents. The respondents herein being the defendants in the suit had appeared and joined the trial of the case and filed their written statement.
(3.)At that stage, it was noticed by the plaintiff-petitioner that the plaint contains certain typographical mistakes in terms of numerical figures i.e., in Para-9, 11 and 12 of the plaint a date (all are of same) has been printed out wrongly. It has been typed as '30/9/2014' though it would be '30/12/2015'. Similarly in the same way, due to typographical mistake/error and/or oversight in the schedule of the suit land, in page-7 of the plaint, in 1st line, '10' Gandas has been typed, thought it would be '5' Gandas. As such the petitioner applied for amendment of the plaint on 24/2/2021. The said application for amendment of the plaint was registered as Misc No.09 of 2021. The defendant-respondents submitted their written objection resisting the prayer of the petitioner for amendment of the plaint.
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