Code of Civil Procedure, 1908; O. 6 R. 17 ----- Amendment of plaint after a final decree is passed in a suit for partition ----- application for amendment of a mistake, said to be a clerical one, in...
Read MoreCode of Civil Procedure, 1908; O. 6 R. 17 ----- Amendment of plaint after a final decree is passed in a suit for partition ----- application for amendment of a mistake, said to be a clerical one, in the decree, seeking deletion of the Town Survey No. 462 and substituting the same by the Town Survey No. 463 ---- The village became a part of the municipality, by reason whereof a new Town Survey was assigned to the suit land being Town Survey No. 463 ------ In the plaint and consequently in the preliminary decree as also in the final decree, Town Survey No. 462 was mistakenly mentioned, which was evidently a typographical mistake ----- The facts are not disputed. The identity of the suit land has not been changed ----- It is not a case where, as submitted by Mr. Mahabir Singh, one land is being substituted by another ----- The fact that the town survey No. 463 is a joint family property is not in dispute ----- As indicated hereinbefore, it is the same plot which was the subject matter of sale ----- Order of the High Court confirming the order of the Civil Court allowing the amendment is confirmed.
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