Bombay High Court

Shahaji So Nagnath Gulve Died Through his LRs Samarth and othersversusThe State of Maharashtra Through Collector Osmanabad At Osmanabad

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the amendment to correct the applicant's age is permissible as it merely rectifies a clerical error without prejudice to any party.

Summary

The applicants filed a petition seeking amendment of the title clause in Civil Application No. 9457 of 2026 to correct the age of Applicant No.1 from 18 years to the true age of 17 years and 4 months. The mistake was alleged to be inadvertent and the amendment was necessary to enable withdrawal of an amount previously permitted by the Court on 21.08.2026. The Court examined whether such a correction fell within its jurisdiction under the Civil Procedure Code and whether the amendment would prejudice any party. Finding no substantive prejudice and that the correction merely rectified a clerical error, the Court allowed the amendment. The order directed that the amendment be effected within three weeks of the judgment date.

Issues considered

Whether the Court may permit amendment of the title clause to correct the age of a party in a civil application.
Whether the correction of an inadvertent mistake constitutes a substantive change that would affect the rights of the parties.

Subjects

amendment
civil procedure
title clause
age correction
clerical error
jurisdiction

Judgment

2026:BHC-AUG:44079
                                                1                 1068-CA.10661-26.odt


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                              1068 CIVIL APPLICATION NO. 10661 OF 2026
                                           IN FA/2024/2025

                          SHAHAJI SO NAGNATH GULVE DIED THROUGH HIS LRS
                                       SAMARTH AND OTHERS
                                             VERSUS
                          THE STATE OF MAHARASHTRA THROUGH COLLECTOR
                                     OSMANABAD AT OSMANABAD
                                                    ...
                      Advocate for Applicants : Mr. M. K. Jadhav h/f Mr. More A. S.
                             AGP for Respondent/s-State : Ms. D. S. Jape.
                         Advocate for Respondent No.3 : Mr. Satish B. Parnere.
                                                    ...

                                           CORAM : MANJUSHA A. DESHPANDE, J.
                                           DATE : 24.09.2026

                     PER COURT :-


                     1.     The application is filed by the applicants for amendment

                     in the title clause of Civil Application No.9457 of 2026 that

                     correcting the age of the applicant No.1 as 17 years. According

                     to the applicants, inadvertently in the name of applicant No.1,

                     his age was stated as 18 years in the civil application.

                     However, the fact remains that the applicant was 17 years and

                     4 months old. Therefore, the necessary corrections by way of

                     amendment are required to be made for withdrawal of amount

                     for which permission has been granted by this Court vide order

                     dated 21.08.2026.
                           2                1068-CA.10661-26.odt


2.      For the reasons stated in the application, the civil

application is allowed in terms of prayer clauses “B”, “C” and

“D”. The necessary amendment shall be carried out within a

period of three (3) weeks from today.




                               (MANJUSHA A. DESHPANDE, J.)

                                ...

vmk/-

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