can mistake be rectified???
Dhiraj A Rajhans
(Querist) 22 September 2009
This query is : Resolved
filed a complaint against proprietor firm. The name of the proprietor is typed correctly but the name of proprietor firm is typed wrongly both in complaint and evidence affidavit. the said mistake was recognized at the time of cross examination. can such mistakes be rectified??? if possible please provide case laws.....riven
adv. rajeev ( rajoo )
(Expert) 22 September 2009
Dear Dhiraj,
The mistake in the complaint and in an affidavit cannot be rectified, but you can file an affidavit by way of further evidence of the complaint stating that due to oversight in the complaint as well as in an affidavit already filed the name of the proprietor firm is typed wrongly. I don't how it will help u.Once I did like this.riven
PARTHA P BORBORA
(Expert) 22 September 2009
no in no circumstances the complain petition and the affidavit can be rectified.riven
Shivasurya
(Expert) 22 September 2009
Mr. Dhiraj You can file recall petition u/s.311, Cr.P.C, for reexamination of PWI after allowing the petition you can give statement from the witness box by saying that the typographical error in the complaint and the evidence regarding the name of the firm and it will be recordedriven
joyce
(Expert) 22 September 2009
I agree with Shivasurya, n also with Rajeev also in recall -wittness application annexed with affidavit can be filed stating the typing irregularites n mistakes by oversight. Whether in body of complaint the firm name exists correctly or not? if correctly mentioned somewhere in body of complaint then , that can be used to verify/refer n convey to judge while submission.riven
Raj Kumar Makkad
(Expert) 22 September 2009
I endorse the opinion of Joyce.riven
Dhiraj A Rajhans
(Querist) 22 September 2009
There are case laws of different high courts that mistake in the complaint can be rectified... and in affidavit it may be done by re-examination.riven
