Allahabad HC: Procedural/Clerical Mistakes in Verification of Pleading can be Rectified under Order VI Rule 17 CPC

Apr29,2022 #Allahabad HC #CPC
Code of Civil Porcedure CPC Law Insider

Paridhi Arya

Published on April 29, 2022 at 16:12 IST

A Single Judge Bench of Justice Rohit Ranjan Agarwal has observed that an application can be moved under Order VI Rule 17 of Code of Civil Procedure by Plaintiff for rectification of any Procedural and Clerical Mistake occurred in the Pleading.

The Bench of Allahabad High Court pointed out that under Civil Procedure Code Order VI Rule 17 the parties of a suit can amend Pleadings at any stage.

The Petition was filed against the Order of Additional District Judge, Kanpur as application for Amendment in the verification Clause was filed by the Petitioner under Order VI Rule 17 dismissed.

The Case was filed by the petitioner in the lower Court to restraint the defendant permanently from using the Trademark GHARI.

In the eighteenth page of said Plaint date of verification was written 05/04/2010 instead of 30/03/2010 by mistake.

The Plaintiff filed the Application for rectification which Court allowed but Defendant raised their Objection on it and Court dismissed the Rectification Application.

The Court observed that Order VI Rule 17 gives Liberty to parties to amend their Pleadings. The mistake made was neither deliberate nor intentional and application of rectification was also filed within few months.

High Court set aside the Order of Additional District Judge, Kanpur and allowed the Application of Rectification under Order VI Rule 17 of Civil Procedure Code and rejected the observation that this Application is unsustainable in Law.

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