Patna High Court
Prahlad Kumar Singh @ Prahlad SinghversusThe State of Bihar through the Additional Chief Secretary, Urban and Housing Development Department
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The Court held that under Sections 151 and 153 of the CPC it has the authority to amend the writ petition and modify the order to correct the inadvertent error.
Summary
Petitioner Prahlad Kumar Singh filed a modification application to correct an inadvertent clerical error in the name of Respondent No.3, which was recorded as “District Magistrate, Muzaffarpur” instead of “District Magistrate, Vaishali” in the order sheet and writ petition. Both the State and the Nagar Parishad acknowledged the mistake and raised no objection to its correction. The Court examined the powers conferred by Sections 151, 152 and 153 of the Code of Civil Procedure to amend pleadings and rectify clerical or arithmetical errors to determine the real question between the parties. Relying on the precedent set in MJC No.1618 of 2025, the Court directed the petitioner to amend paragraphs 3 and 7 of the writ petition and accordingly modified the order dated 23.01.2025 to reflect the correct designation. The Court also adjusted the time limits associated with the original order. The modification application was allowed and the matter disposed.
Issues considered
- Whether the High Court can, under Sections 151, 152 and 153 of the CPC, amend a writ petition and modify an order to correct an inadvertent clerical error in the name of a respondent.
Legislation cited
- Code of Civil Procedure, 1908 — s. 151, 152, 153
Subjects
- modification
- clerical error correction
- Civil Procedure Code
- Section 151 CPC
- Section 152 CPC
- Section 153 CPC
- writ jurisdiction
- amendment of pleadings
- district magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1771 of 2025
In
Civil Writ Jurisdiction Case No.358 of 2025
======================================================
Prahlad Kumar Singh @ Prahlad Singh Son of Late Babunand Kishore Singh
@ Nand Kishore Singh, Resident of village- Rampurmadhav, P.O.- Sasamusa,
P.S.- Kuchaykot, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Urban and
Housing Development Department Government of Bihar, Patna.
2. The Additional Chief Secretary, Urban and Housing Development
Department, Government of Bihar, Patna.
3. The District Magistrate, Vaishali.
4. The Additional Collector, Vaishali at Hajipur.
5. The Deputy Collector Land Reform, District- Vaishali at Hajipur.
6. The Circle Officer, Hajipur at Vaishali.
7. The Executive Officer, Nagar Parishad, Hajipur at Vaishali.
8. The Executive Engineer, Public Works Department, Hajipur at Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kanishk Kaustubh, Advocate
Ms. Lakshmi Kumar, Advocate
Mr. Rajnish Prakash, Advocate
For the State : Mr. Navnit Kumar, AC to GP-18
For the Nagar Parishad : Mr. Ashok Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 18-03-2026
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Nagar
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Parishad, Hazipur.
2. Learned counsel for the petitioner submits that the
present application has been filed for modification/correction of
the name of respondent No. 3 in the order sheet as well as in the
title page, by substituting “District Magistrate, Vaishali” in place
of “District Magistrate, Muzaffarpur.”
3. Learned counsel for the petitioner fairly submits
that the name “District Magistrate, Muzaffarpur” has appeared
in the order sheet due to an inadvertent error committed in the
writ petition itself, wherein the said designation was wrongly
typed instead of “District Magistrate, Vaishali.”
4. Learned counsel further submits that for carrying
out correction in the order sheet, it is necessary to amend the
pleadings in the writ petition as well. A copy of the writ petition
has been annexed with the present MJC. It is further submitted
that the provisions under Sections 152 and 153 of the Code of
Civil Procedure empower the Court to correct clerical or
arithmetical mistakes and to amend any defect or error in any
proceeding, so as to determine the real question in controversy
between the parties.
5. Learned counsel further submits that a similar
situation had arisen in MJC No. 1618 of 2025, wherein a
Patna High Court MJC No.1771 of 2025 dt.18-03-2026
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modification petition was filed for correction of an incorrect
Khata number mentioned in the order sheet due to an
inadvertent mistake in the writ petition. It is submitted that
although the said case related to an error in Khata number,
whereas in the present case the error pertains to the district of
the respondent, the principle remains the same. Learned counsel
submits that the mistake was inadvertent and ought not to have
occurred, and undertakes that such an error shall not be repeated
in future.
6. Learned counsel for the State, on the other hand,
submits that in the writ petition respondent No. 3 has been
described as “District Magistrate, Muzaffarpur,” and
accordingly the same has been reflected in the order sheet.
However, it is fairly submitted that all annexures and
correspondences on record pertain to District Vaishali, and thus
the error is clearly inadvertent and requires correction. Learned
counsel for the State has no objection to the prayer made by the
petitioner.
7. Having heard learned counsel for the parties and
considering the ratio laid down in MJC No. 1618 of 2025
(Ashok Pandey), particularly paragraphs 9 to 16 thereof, and in
view of the scope of Sections 151 and 153 of the Code of Civil
Patna High Court MJC No.1771 of 2025 dt.18-03-2026
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Procedure, this Court is inclined to allow the present
modification application. However, this Court feels it necessary
to quote paragraphs 9 to 16 of the judgement aforesaid as
under :
“9. After hearing the parties, it
transpires to this Court that section 153 of
the Code of Civil Procedure empowers
general powers to the Court to amend any
defect or error in any proceeding in a suit,
and all necessary amendments shall be
made for the purpose of determining the real
question or issue raised by or depending on
such proceeding.
10. As such, upon perusal of the
documents and pleading, this Court is of the
opinion that for the purpose of determining
the real question in the writ proceeding,
amendment is required in paragraph 3 and 7
of writ petition. The order which the
petitioner wants to modify, can be modified
only after such amendment in writ, and
hence, powers so vested in this court by
virtue of section 153 read with Section 151
of the Code of Civil Procedure, this Court
hereby directs to the petitioner to make
amendment in paragraph 3 and 7 of the writ
petition in course of the day, as copy of writ
petition is attached with present MJC, so
that correction in paragraph 3 be made in
page 2 /4 of the order dated 03.03.2025 in
CWJC No.3147 of 2025 particularly, in third
line of paragraph 3 (page 2/4 ) of the order
sheet.
11. The said amendment has been
made in para 3 & 7 of the writ petition,
namely, CWJC No. 3147 of 2025 today
itself.
12. In the light of the submissions
Patna High Court MJC No.1771 of 2025 dt.18-03-2026
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made, the said correction has been directed
to be made in the order dated 03.03.2025
passed in C.W.J.C. No.3147 of 2025. i.e.,
Khata No.379 be read as Khata No.369 in
third line of paragraph 3 (page 2/4 ) of the
order sheet, in the light of power so
vested in Court by virtue of Section 151
read with Section 153 of CPC, 1908.
13. Accordingly, the modification
application is hereby allowed up to the
extent.
14. However, this Court is
conscious that all parties at the time of
passing of the order dated 03.03.2025
passed in CWJC 3147 of 2025 are present
today also and have raised no objection for
the said correction / amendment and
modification.
15. It is made clear that the 90
days time which has been granted in order
dated 03.03.2025 passed in CWJC No.3147
of 2025 shall be counted from today.
16. It is made clear that
according to custom, the writ application
has always been placed with the “MJC for
modification”, from which it arises.”
8. Accordingly, the petitioner is
directed to carry out necessary correction in
the name of respondent No. 3 in the writ
petition, as annexed with the present MJC,
within one week from today.
9. Consequently, the order dated 23.01.2025 passed
in CWJC No. 358 of 2025 stands modified to the extent that the
name of respondent No. 3 shall be read as “District
Magistrate/Collector, Vaishali” in place of “District Magistrate,
Muzaffarpur,” subject to necessary correction being made in the
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writ petition by the learned counsel for the petitioner, as directed
above, within ten days from the date of this order.
10. The order passed today shall form part and parcel
of the order dated 23.01.2025 passed in CWJC No. 358 of 2025,
and the period of six months granted vide order dated
23.01.2025 shall be reckoned from today.
11. Accordingly, the present application stands
disposed of.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date …../03/2026
Transmission Date NA
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