Patna High Court
Most. Devkali DeviversusSatyanarayan Singh
- Decided
- Disposal
- DISPOSED
- Bench
- S B P SINGH
Holding
The order dated 22.01.2019 rejecting the amendment application is set aside, allowing correction of the typographical error.
Summary
The petitioners, plaintiffs in title suit No. 848 of 2015, discovered a typographical error in the suit schedule where plot number 7448 was incorrectly recorded as 7478. They filed an application under Order 6 Rule 17 of the CPC on 2 June 2018 to correct the error, which was rejected by the sub‑judge on 22 January 2019. The petitioners then filed a civil miscellaneous petition seeking to set aside that order, arguing that the trial had not yet commenced and the correction would not prejudice any party. The High Court held that, at the initial stage of proceedings, a mere typographical mistake can be rectified without prejudice and the sub‑judge’s order was therefore set aside. The court allowed the petition, permitting the respondents to file a supplementary writ if they wish, and disposed of the civil miscellaneous petition.
Issues considered
- Whether a typographical error in the schedule of a suit can be corrected before trial commences under Order 6 Rule 17 of the CPC
- Whether the order rejecting the amendment application can be set aside
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 6 Rule 17
Subjects
- typographical error
- amendment of suit schedule
- Order 6 Rule 17
- Civil Miscellaneous Petition
- pre‑trial amendment
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.483 of 2019
======================================================
1. Most. Devkali Devi Wife of Late Babu Ram Prasad Resident of Village-
Kail Tola Malik Tola, P.O.- Kail Garh, P.S.- Badhariya, District- Siwan.
2. Rabindra Prasad Son of Late Babu Ram Prasad Resident of Village- Kail
Tola Malik Tola, P.O.- Kail Garh, P.S.- Badhariya, District- Siwan.
... ... Petitioner/s
Versus
1.1. Most. Sushila Devi W/o Late Satyanarayan Singh, Resident of Village - Kail
Tola Malik Tola, P.O. - Kali Garh, P.S. - Badhariya, District- Siwan.
1.2. Pushpa Devi D/o Late Satyanarayan Singh, Resident of Village - Kail Tola
Malik Tola, P.O. - Kali Garh, P.S. - Badhariya, District- Siwan.
1.3. Meena Devi D/o Late Satyanarayan Singh, Resident of Village - Kail Tola
Malik Tola, P.O. - Kali Garh, P.S. - Badhariya, District- Siwan.
2.1. Mansa Devi D/o Late Nayan Prasad Singh, Resident of Village - Kail Tola
Malik Tola, P.O. - Kali Garh, P.S. - Badhariya, District- Siwan.
2.2. Chinta Devi D/o Late Nayan Prasad Singh, Resident of Village - Kail Tola
Malik Tola, P.O. - Kali Garh, P.S. - Badhariya, District- Siwan.
2.3. Rinku Devi D/o Late Nayan Prasad Singh, Resident of Village - Kail Tola
Malik Tola, P.O. - Kali Garh, P.S. - Badhariya, District- Siwan.
3. Jairam Singh Son of Babu Lal Singh Resident of Village- Kail Tola Malik
Tola, P.O.- Kail Garh, P.S.- Badhariya, District- Siwan.
4. Rakesh Singh Son of Satyanarayan Singh Resident of Village- Kail Tola
Malik Tola, P.O.- Kail Garh, P.S.- Badhariya, District- Siwan.
5. Mukesh Singh Son of Satyanarayan Singh Resident of Village- Kail Tola
Malik Tola, P.O.- Kail Garh, P.S.- Badhariya, District- Siwan.
6. Umesh Singh Son of Nayan Prasad Singh Resident of Village- Kail Tola
Malik Tola, P.O.- Kail Garh, P.S.- Badhariya, District- Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Dr. Ranjeet Kumar, Advocate
Mr. Kanishk Kaustubh, Advocate
Ms. Manisha Rathore, Advocate
For the Respondent/s : Mr. Ajay Kumar Tiwary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
Date : 16-03-2026
Heard the parties.
2. In the instant petition, petitioners have prayed for the
Patna High Court C.Misc. No.483 of 2019 dt.16-03-2026
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following relief (s):-
(i) For setting aside the order dated
22.01.2019 passed by the learned sub-judge-6
Siwan in Title suite No. 848 of 2015 whereby the
application dated 02.06.2018 filed by the
petitioners under Order 6 Rule 17 of the C.P.C has
been rejected.
(ii) For any other relief/reliefs for which
petitioners may be deemed entitled too.
3. Learned counsel for the petitioners submits that
petitioners are plaintiff in title suit no. 848 of 2015 in which trial
had not yet been commenced on the date of filing of the present
petition and inadvertently correct suit plot no. 7448 has been left
to be mentioned in the schedule of suit property and in place
thereof, plot no. 7478 has wrongly been mentioned which is a
typographical error and it requires to be corrected at initial
stage. He further submits that from this amendment no party is
going to be prejudiced because it is simply a typographical error
and all the other places of Plaint correct plot no. has already
been mentioned.
4. Learned counsel on behalf of the respondent objected
the above contention of the learned counsel for the petitioners.
5. Considering the fact that trial has not been commenced
at the time of filing of the present petition and any typographical
error must be corrected at the beginning stage, considering the
aforesaid facts and circumstances, the present C.Misc is allowed
Patna High Court C.Misc. No.483 of 2019 dt.16-03-2026
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after setting aside the impugned order dated 22.01.2019.
6. Respondent/defendant is also permitted to file any
supplementary W.S. only with respect to amended facts if
he/they wishes to do so, and not beyond that.
7. Accordingly, Civil Misc No. 483 of 2019 stands
disposed of.
(S. B. Pd. Singh, J)
vashudha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.04.2026
Transmission Date NA
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