Date: 04-12-2019
Business: Miss Philip for plaintiff present.
She tendered registered Chamber summons no 2168/19.
She also filed affidavit of service in MA 9407/99.
Plaintiff is directed to served notice in MA by RPAD and Chamber summons is put up for consideration.
Adjourned for compliance to 18.12.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: pplicant present.
KB
Adv. Mrs. Francisca Philip for applicant present.
Order passed below Chamber Summons No.2168 of 2019
Perused chamber summons, affidavit in support of it and record and proceeding in Suit No.9407 of 1999. Heard advocate for plaintiff.
Chamber summons is taken out by the plaintiff for correction in cause title in the decree by deleting name Veena P. Dalal shown as defendant No.2 and to mention the name of M/s. Kirti Builders as defendant No.2. I am treating this chamber summons as an application for correction of clerical error in cause title of the decree wherein name of defendant No.2 is mentioned as Veena P. Dalal. Below the name of Veena P. Dalal, name of firm of defendant No.2 M/s. Kirti Builders is mentioned. As clerical error has occurred only in cause title of decree in mentioning name Veena P. Dalal against defendant No.2 and correction sought is not substantial so I do not find it necessary to issue notice to defendant No.1A.
I have gone through the original judgment and plaint in suit No.9407 of 1999. It is apparent that Veena Prafulchandra Dalal was plaintiff while M/s. Kirti Builders was defendant No.2 in the said proceeding. Even cause title of the judgment shows Veena Prafulchandra Dalal as plaintiff and M/s. Kirti Builders as defendant No.2. It is clear that cause title of decree is not in consonance with cause title of judgment and plaint. It appears that clerical error has occurred in mentioning the name Veena P. Dalal as defendant No.2 while drawing the decree because of signature of plaintiff appearing in cause title just above nomenclature of defendant No.2. Therefore, said clerical error needs to be rectified by striking out name Veena P. Dalal shown as defendant No.2 in cause title of decree and No.2 be prefixed to the nomenclature M/s. Kirti Builders in the said cause title of decree. I hereby direct to rectify cause title of decree in above term/ manner.
Concerned official of department to comply.
Accordingly, chamber summons which is treated as application allowed in above term and disposed off.
Nature Of Disposal: ALLOWED
Disposal Date: 18-12-2019