Major Singh and Others vs Baj Singh and Others

N.K. Kapoor, J.—This revision petition is against the order of Sub Judge dated 22.4.1995 declining the petitioner''s application u/s 26 of the Specific Relief Act read with Order 6 Rule 17 CPQ

It has been argued by the learned counsel for the petitioner that on account of some clerical mistake a wrong khasra number was mentioned in the agreement duly executed between the parties and hence the need has arisen for seeking rectification of the agreement as well as consequential amendment of the plaint It is precisely for this reason that an application was filed by the petitioner that he may be permitted to substitute Khasra No. 17M/4(8-0) instead of Khasra No. 7M/4(8-0). The Court has however, declined the amendment sought and that the present application is not maintainable and in fact he ought to have filed a separate application u/s 26 of the Specific Relief Act as well as Order 6 Rule 17 CPC. The Court further held that the Court has no power to modify the Khasra number at this stage. Before me, it has been argued that in terms of Section 26 Sub-clause (b) of the Specific Relief Act, the plaintiff is well within his right to seek the rectification of the instrument where an error has crept due to clerical mistake or on account of mutual mistake and so the Court below has wrongly declined the prayer made.

Respondent''s counsel on the other hand has argued that it has not been specifically stated in the application as to the precise portion which he intends to delete or substitute in the proposed amended plaint, and so the Court below rightly declined the application.

Having heard the learned counsel for the parties, I am of the view that no doubt the application for amendment of the plaint is not properly worded. All the same, there is no doubt that the plaintiff-petitioner intended to incorporate the correct khasra number which in fact is owned by the defendant. Thus, I have no course open but to accept the revision petition and set aside the order with a liberty to the petitioner to file a fresh application clearly mentioning the portion of the plaint to be deleted as well as substituted. The Court shall pass an appropriate order thereafter.