Order 6

Order Details: copy of Order
Pdf Text: C. C. NO.7/DV/2020
ORDER BELOW EXH-92
This court has passed order below Exh-80, in which,
according to the applicant certain mistakes appear due to the fact that
on that day when Exh-80 was heard, Exh-82 was also heard.
2. It appears that the court got confused due to the fact that
both applications were argued on the same day and instead of deciding
both the applications on that day due to paucity of time only application
Exh-80 came to be decided. In the said order, this court observed in
Para 10, that, “
my attention was also drawn towards the very important
fact that the surgery of the applicant was covered under Insurance
Policy.” In fact, as per Exh-80, the said surgery and expenditures
thereof are not covered under the insurance policy. Secondly, in same
para no.10, it is mentioned that, “
it can be observed from certain
documents filed by the applicant vide Exh-87 that she had contacted
the insurance policy agent and came to know from him that the
respondent had received the said amount or the amount is receivable
by the respondent from the insurance policy.” As a matter of fact this
contention is not the part of application Exh-80, but is a part of
application Exh-82. Since application Exh-82 is not yet decided, it is
necessary to make correction in the order as mentioned in the
application.
3. Though the application is filed for rectification of order,
technically it is the order to cure the mistake committed by the court
due to oversight and due to confusion since both the applications were
heard simultaneously, this rectification does amount to review which is
permissible as the matter is quasi civil.
4. The rectification or correction is also necessary to avoid
future complications since it is the history of litigation that due to
mistaken orders the party against whom such orders are passed tries to
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maximize such mistake to his / her benefit in Appellate Court or before
this court. Hence, the following order is passed:-
ORDER
1. The application is allowed as prayed.
2. After rectification and correction fresh order be issued.
3. The copy of fresh order be given free of cost to both the
parties.
Date :- 24/04/2025
Place:-Vikhroli.
Sd/-
(S. M. Kale)
Addl. Chief Judicial Magistrate,
31st Court, Vikhroli, Mumbai.
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