BALDEV SINGH Vs. MANJIT SINGH AND ORS.

JUDGEMENT

(1.) At the time of filing of the suit, description of land in litigation was given taking details from the Jamabandi of the said land. While incorporating the details of the land, instead of mentioning Khasra No. 70/14/4 (0-5), it was incorrectly mentioned as 71/14/1 (0-5) in the heading of the plaint. Similarly, Khasra No. 71/21/1/1 (1-15) mentioned in the Jamabandi, was inadvertently typed on second page of the plaint as 71/21/1 (1-15). This typographical error continued to be mentioned wherever mention of such details of the land came. When the matter of such mistakes came to the notice of the plaintiff, an application for amendment of the plaint was made to rectify the typographical mistakes claiming that these were inadvertent and innocuous mistakes which were not going to affect or prejudice the opposite party.

(2.) The learned lower court disagreeing with the applicant-plaintiff, petitioner herein, dismissed the application for amendment of the plaint holding that the suit was at the final stage and was likely to bring change in nature of the suit as also in the content of litigation.

(3.) No notice to the opposite side is being issued to avoid delay and further because no prejudice would be caused to the other party.