Bombay High Court
DEVIDAS PIRAJI THORATversusARVIND (ARUN) P. THORAT AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- MEHROZ K PATHAN
Holding
The court may amend its own order to correct clerical errors and ordered the specific corrections.
Summary
The applicant, Devidas Piraji Thorat, filed a civil application seeking service of the respondent through a newspaper publication. The original order dated 30.04.2026 contained clerical errors regarding the newspaper name, district of publication, and the time period for service. The applicant moved the court to correct these errors by speaking to the minutes of the order. The court examined whether such corrections could be made without altering the substantive direction of the order. It held that the court may amend its own order to rectify clerical mistakes. Accordingly, the court directed that the specified corrections be incorporated and a corrected copy uploaded, and disposed of the motion.
Issues considered
- Whether the court can amend its own order to correct clerical errors without a fresh hearing
- Whether the corrected notice of service by newspaper complies with procedural requirements
Subjects
- service of notice
- newspaper publication
- correction of order
- civil procedure
- court amendment
Judgment
This Order is Speaking to Minutes order of order dated //
SPK CA 8277 OF 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 8277 OF 2025
IN SA/303/2020
DEVIDAS PIRAJI THORAT
VERSUS
ARVIND (ARUN) P. THORAT
…
• Mr. M. H. Patil, Advocate for the Applicant
…
CORAM : MEHROZ K. PATHAN, J.
DATED : 05.05.2026
PER COURT :
1. Not on board. Upon mentioning, taken on board.
2. A motion is made for speaking to the minutes of order dated
30.04.2026, passed by this Court.
3. It is pointed out that the following things should be corrected:-
(i) In the original paragraph No. 1, the sentence "This application
is filed with a prayer to serve the respondent through the
paper publication in the widely circulated newspaper in
Pune District" shall be replaced and corrected to read as :
"This application is filed with a prayer to serve the respondent No. 3-
C through paper publication in the widely circulated newspaper
'Daily Apla Maharashtra' in District Dhule."
Jhs/ 1/2
This Order is Speaking to Minutes order of order dated //
SPK CA 8277 OF 2025
(ii) In paragraph No. 2, the words "within a period of 3 weeks " shall
be corrected to read as "within a period of 4 weeks".
4. Necessary corrections be carried out in the original order dated
30.04.2026 and a corrected copy be uploaded accordingly.
5. Motion for speaking to the minutes is disposed of.
( MEHROZ K. PATHAN, J. )
Jhs/ 2/2
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