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Bombay High Court

DEVIDAS PIRAJI THORATversusARVIND (ARUN) P. THORAT AND OTHERS

Disposal
DISPOSED OFF

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. )




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