Patna High Court
Abhay KumarversusThe State of Bihar its Principle Secretary, Land and Revenue Department
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that it may modify its own order to correct the clerical error in the cause title, allowing the substitution to be reflected.
Summary
The petitioner, Abhay Kumar, filed a modification application to correct the cause title in an order dated 03-02-2020, which mistakenly retained the name of the deceased original petitioner despite an earlier interlocutory order allowing substitution. The original petitioner had died on 16-02-2019, and an Interlocutory Application (IA No.1 of 2019) was filed to substitute his son, Abhay Kumar, as petitioner. Although the court directed substitution on 23-01-2020, the final order failed to reflect the change, causing the petitioner difficulty in approaching the concerned authority. The State and NHAI argued that the modification request was filed after five years, questioning its timeliness. The court considered that the error was purely clerical and that the substitution direction had already been issued, warranting correction. Consequently, the court allowed the modification application and directed the office to correct the cause title forthwith.
Issues considered
- Whether a court may modify its own decree to correct a clerical error in the cause title after a lapse of five years.
- Whether the earlier interlocutory order effecting substitution of the petitioner remains valid despite the erroneous final order.
- Whether the delay in seeking modification defeats the petitioner's right to enforce the substitution.
Subjects
- substitution of parties
- modification of decree
- cause title correction
- civil writ jurisdiction
- procedural law
- delay in filing
- NHAI
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3554 of 2025
In
Civil Writ Jurisdiction Case No.3008 of 2017
======================================================
Abhay Kumar Son of Late. Surendra Prasad Sharma, Resident of Village-
Kurkuri, P.S.- Phulwari Sharif, District- Patna at present at Mohalla- Vikas
Nagar, Kurji, P.S.- Digha, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar its Principle Secretary, Land and Revenue Department
Government of Bihar, Patna.
2. District Magistrate/Collector, Patna.
3. District and Acquisition Officer, Patna.
4. Additional Collector cum- Arbitrator, Patna.
5. Registrar, District Registration Office, Patna.
6. National Highway Authority of India, through its Managing Director, New
Delhi.
7. Regional Director, National Highway Authority of India, Bihar, Patna.
8. Union of India, through its Secretary, Ministry of Road Transport and Raj
Marg, New Delhi.
9. Deputy Secretary, Ministry of Road, Transport and Raj Marg, New Delhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sukanya Bharti, Adv.
For the State : Mr. Md. Khurshid Alam, AAG 12
For the NHAI : Dr. Anand Kumar, Adv.
Mr. Ranjan Prakash, Adv.
=======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 09-01-2026 Heard Ms. Sukanya Bharti, learned Advocate for the
petitioner and the learned Advocate for the State as well as Dr.
Anand Kumar, learned Advocate representing the NHAI.
2. The present application has been filed for
modification of the order dated 03.02.2020 passed in CWJC No.
3008 of 2017 to the extent it requires correction of the cause
Patna High Court MJC No.3554 of 2025(3) dt.09-01-2026
2/3
title of the petitioner in view of the order dated 23.01.2020
passed in the afore noted case allowing the Interlocutory
Application for substitution of the original petitioner, who is
said to have died on 16.02.2019, by his son.
3. Learned Advocate for the petitioner taking this
Court through the order dated 23.01.2020 passed in CWJC No.
3008 of 2017 has submitted that on account of demise of the
original petitioner, his son Abhay Kumar had filed I.A. No. 1 of
2019 for substituting his name, in place of the original
petitioner. I.A. was disposed of with a direction to substitute the
name of Abhay Kumar but due to inadvertence, in the final
order dated 03.02.2020 in the cause title, in place of the name of
Abhay Kumar, son of late Surendra Prasad Sharma, the name of
the original petitioner has been mentioned and, as such, the
petitioner is facing difficulty to approach the authority
concerned in terms with the order of the Court.
4. Learned Advocates for the State and the NHAI
submit at the Bar that the order was passed long back on
03.02.2020 and the petitioner has approached this Court for
modification of the order after five years.
5. Be that as it may, considering the submissions
advanced by the learned Advocates for the respective parties
Patna High Court MJC No.3554 of 2025(3) dt.09-01-2026
3/3
and taking note of the order dated 23.01.2020 passed by this
Court, whereby substitution petition was allowed and direction
has been given to substitute the name of Abhay Kumar but the
same could not be done, the present modification application
stands allowed with a direction to the office to make necessary
correction in the cause title of the order dated 03.02.2020
forthwith.
6. The modification application stands allowed.
(Harish Kumar, J)
Anjani/-
U
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