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Bombay High Court

VIJAY NARAYANDAS RIZWANIversusROOPSINGH INDERSINGH AND OTHERS

Disposal
DISPOSED OFF

Holding

The trial court's orders rejecting the correction of the title clause and the review petition are quashed, and the petitioner is allowed to correct the plaint's title clause.

Summary

The petitioner filed a suit for perpetual injunction and, during amendment to implead additional defendants, the names of previously impleaded defendants were inadvertently omitted from the plaint's title clause. The petitioner applied to correct the title clause, but the trial court rejected the application on the ground of lack of due diligence and belated filing. A review petition against that order was also dismissed. The High Court held that the omission was a mere clerical mistake, that the trial court failed to consider the prior order of impleadment, and that equity required allowing the correction and entertaining the review. Accordingly, the trial court's orders were set aside, the correction was permitted, and the writ petition was allowed and disposed of.

Issues considered

  • The trial court's rejection of the application to correct the plaint's title clause on the basis of alleged lack of due diligence
  • The propriety of dismissing a review petition when the underlying order involves an inadvertent clerical mistake
  • Whether the omission of previously impleaded defendants' names during amendment warrants quashing of the trial court's orders

Subjects

  • perpetual injunction
  • amendment of plaint
  • correction of title clause
  • impleadment
  • review petition
  • civil procedure
  • due diligence
  • quash order

Judgment

2026:BHC-AUG:37302


                     IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                BENCH AT AURANGABAD

                         940 WRIT PETITION NO. 3792 OF 2019

                                 Vijay Narayandas Rizwani
                                          VERSUS
                              Roopsingh Indersingh And Others
                                             ...
                      Advocate for the Petitioner : Mr. Kasliwal Anil H.
                   Advocate for Respondents 2, 5, 6 : Mr. A. A. Mukhedkar
                 Advocate for Respondents No.3 and 4: Mr. M. D. Marwadkar
                                             ...

                               CORAM       : ROHIT W. JOSHI, J.
                               Dated       : August 19, 2026

           ORAL ORDER :

           1.    The present Petition takes exception to the orders dated 7th

           December 2017 and 6th February 2019 passed below Exhibits 363 and

           373, respectively, by the learned 4th Joint Civil Judge, Junior Division,

           in Regular Civil Suit No.199 of 1989.



           2.    The Petitioner had initially instituted a suit for perpetual

           injunction against Respondent Nos.1 and 2, which came to be

           registered as Regular Civil Suit No.199 of 1989. During the pendency of

           the said suit, Respondent Nos.3 and 4 filed an application seeking their

           impleadment as defendants. The said application came to be allowed.



           3.    It is the case of the Petitioner/Plaintiff that subsequently,

           Defendant No.2 executed a gift deed in favour of his sons, who are

           Respondent Nos.5 and 6. The Petitioner/Plaintiff, therefore, moved an


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application seeking impleadment of Respondent Nos.5 and 6 as

defendants in the said suit. The said application was allowed.



4.    However, while carrying out the amendment, inadvertently,

the names of Respondent Nos.3 and 4 (Defendant Nos.3 and 4),

came to be deleted from the title clause of the plaint and the names

of Respondent Nos.5 and 6 came to be incorporated in their place.

Having realised the said mistake, the Petitioner/Plaintiff moved an

application below Exhibit 363 seeking permission to correct the title

clause of the plaint. The said application came to be rejected by

order dated 7th December 2017.



5.    The Petitioner/Plaintiff thereafter preferred an application for

review of the said order below Exhibit 373. The said application also

came to be rejected by order dated 6th February 2019. The aforesaid

orders are subject matter of challenge in the present Petition.



6.    Perusal of the impugned order dated 7th December 2017

would demonstrate that the learned Trial Court rejected the

application essentially on the ground that the Plaintiff had failed to

demonstrate due diligence and that the application was filed

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belatedly, though the Plaintiff was aware of the mistake.



7.       The application for review was also rejected for the aforesaid

reasons and additionally on the ground that there was no error

apparent on the face of the record warranting review of the earlier

order.



8.       Having perused the impugned order dated 7th December

2017, this Court is of the opinion that the learned Trial Court has

failed to take into consideration the material fact that Respondent

Nos.3 and 4 had already been ordered to be joined as Defendant

Nos.3 and 4 in the suit and that their names came to be

inadvertently deleted from the title clause while carrying out the

amendment pursuant to the subsequent order of impleadment of

Respondent Nos.5 and 6.



9.       The mistake in question is, therefore, essentially a mistake in

carrying out the amendment to the title clause of the plaint. Such

mistake, particularly when the impleadment of Respondent Nos.3

and 4 as defendants was already ordered, ought not to have resulted

in their names being deleted from the proceedings.

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10.   In the facts of the present case, the learned Trial Court ought to

have permitted correction of the said inadvertent mistake. The

impugned order dated 7th December 2017, therefore, cannot be

sustained.



11.   The application for review below Exhibit 373 was also rejected

on technical grounds. Having regard to the aforesaid facts and

circumstances, this Court is of the opinion that the learned Trial

Court ought to have allowed the application for review below Exhibit

373 in the interest of justice.



12.   In view of the above, the following order is passed :



                                  ORDER
             (I)    The orders dated 7th December 2017 and 6th
             February 2019 passed below Exhibits 363 and 373,
             respectively, by the learned 4th Joint Civil Judge, Junior
             Division, in Regular Civil Suit No.199 of 1989 are quashed
             and set aside.



             (ii)   The application below Exhibit 363 in Regular Civil


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                                                                         940 WP 3792-2019



               Suit No.199 of 1989 is allowed.



               (iii)   The Petitioner/Plaintiff is permitted to correct the
               title clause in the plaint in terms of the prayer made in
               application below Exhibit 363.



               (iv)    The   Writ   Petition        is   accordingly   allowed     and
               disposed of.




                                                           ( ROHIT W. JOSHI, J. )




vj gawade/-.




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