Final Order 1

Order Details: Other
Pdf Text: 18.12.2019
CS 2168/19
In Suit
9407/99
(Disposed
of)
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Applicant 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.
Judge
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