Facts
The applicant (who was respondent No. 1/plaintiff in the original second appeal) filed this Miscellaneous Civil Case (MCC) seeking a clerical correction in the cause title of the judgment delivered in Second Appeal No. 631/2024, dated 13.03.2026
Source reference: para 1The applicant contended that his father’s name was erroneously recorded as “Anupchand Jain” in the judgment, whereas his correct name is “Gulabchand Jain”
Source reference: para 2It was noted that while the memo of the second appeal incorrectly listed “Anupchand Jain,” the records of both the trial court and the first appellate court correctly identified the father as “Gulabchand Jain”
Source reference: para 5Issues
Whether a typographical error regarding the parentage of a party in a High Court judgment can be corrected to align with the records of the lower courts
Source reference: para 6Law Applied
The Court exercised its inherent procedural power to correct clerical or arithmetical mistakes in judgments or errors arising therein from any accidental slip or omission.
Source reference: para 5-6The court relied on the principle that the cause title of a judgment must accurately reflect the description of the parties as established in the trial court and appellate court decrees
Source reference: para 5-6Reasoning
The court perused the records of the trial court and the first appellate court, finding that both had correctly identified the applicant’s father as “Gulabchand Jain”
Source reference: para 4-5It determined that the error in the High Court judgment was a result of a typographical mistake in the memo of the second appeal, which the court had inadvertently adopted in its cause title for the judgment dated 13.03.2026
Source reference: para 5Since the error was clerical in nature and contradicted the undisputed identity of the party as established in the lower court proceedings, the court found it necessary to rectify the record to prevent future legal discrepancies
Source reference: para 6Holding
The court allowed the MCC and directed that the name of the applicant’s father be corrected to read as “Gulabchand Jain” instead of “Anupchand Jain” in the judgment of Second Appeal No. 631/2024
The court ordered that this correction be made part of the record of the said second appeal
Source reference: para 8Original Court PDF
PANKAJ KUMARvsKAMLESH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in