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Judgment
I.A. No. 752/2023 (application for condonation of delay)
The Counsel for the appellant stated that in fact there was no delay but at the time of filing of the appeal, the Registry of this Tribunal has asked the appellant to file application for condonation of delay as no Misc. Appeal can be registered against the order passed on Misc. Application.
After considering all facts, if there is any delay, the same stands condoned. The application is decided accordingly.
Misc. Appeal No. 217/2023
The present appeal is filed to challenge the impugned order dated 09.06.2023 whereby, the Misc. Application filed by the appellant on 06.09.2023 with the prayer for amendments in the Original Application, affidavit, judgment and Recovery Certificate was dismissed by the DRT-Jaipur vide impugned order dated 09.06.2023
The DRT-Jaipur in the impugned order dated 09.06.2023 has observed that the Authorized Officer of the appellant while filing O.A. bearing No. 116/2017 committed mistakes regarding description of the property and said amendment in the O.A. is not possible.
It appears that DRT-Jaipur in the impugned order dated 09.06.2026 has not given any cogent reason to dismiss the amendment application which was only pertaining to the correction of the description of the property which as per the appellant had happened due to bona fide mistake.
The present appeal is disposed of with the liberty to the appellant to file a fresh amended application in the O.A. bearing No. 116/2017 confine to the description of the property, and if application is so filed, the DRT-Jaipur is directed to consider the said application in accordance with law. The appellant shall also be at liberty to make appropriate prayer for making correction in the judgment as well as the recovery certificate.