Bombay High Court

JAYANTILAL BHANJI SHAH AND ORS.versusJASWANTLAL MANILAL SHAH AND ORS.

Decided: 8 September 2026
Disposal: Disposed Off

Holding

The court held that the order contained a clerical error and could be corrected by replacing the word "respondent" with "applicant".

Summary

The petitioners, Swapnil Jayantilal Bhanji Shah and others, filed a writ petition against the respondents, Jaswantilal Manilal Shah and others. During the hearing, the court issued an order on 8 September 2026 in which the word "respondent" was mistakenly typed instead of "applicant" in paragraph 1. The applicants, through counsel, pointed out this inadvertent typographical error and sought correction. The court examined its inherent power to rectify clerical mistakes in its orders. It held that such an error does not affect the substantive rights of the parties and may be corrected without prejudice. Consequently, the original order was amended to replace "respondent" with "applicant" and the corrected order was to be uploaded.

Issues considered

Whether a typographical error in a court order can be corrected under the court's inherent powers?

Subjects

order correction
typographical error
inherent jurisdiction
civil procedure

Judgment

                                                        501-WP-3993-2002.docx


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                        WRIT PETITION NO. 3993 OF 2002
Swapnil
          Jayantilal Bhanji Shah and Ors.               …Petitioners
               Vs.
          Jaswantilal Manilal Shah and Ors.             …Respondents
                                      WITH
                CIVIL REVISION APPLICATION NO. 349 OF 2007


          Mr. Kaustubh Thipsay a/w. Mr. Shivraj Patne for the applicant
          nos. 1, 2 and 4 in CRA/349/2007.
          Mr. Joel D’Souza i/b. Mr. Yatin N. Shah for the petitioner in
          WP/3993/2002 and for the respondents in CRA/349/2007.

                                 CORAM : GAURI GODSE, J.

                                 DATE :       10th SEPTEMBER 2026

          ORDER :


          1.    Not on board. Taken up on the production board in view

          of the production praecipe submitted on behalf of the

          applicants.


          2.    Learned counsel for the applicants submits that in

          paragraph 1 of order dated 8 th September 2026 inadvertantly

          the word respondent is typed in place of applicant.


          3.    In 4th line of paragraph 1 of the said order, the word

          ‘respondent’ be replaced with the word ‘applicant’.

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                                           501-WP-3993-2002.docx


4.   Original order be corrected and the corrected order be

uploaded.

                                      [GAURI GODSE, J.]




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