Technical amendment in order
Sonia Prabhu
(Querist) 28 March 2012
This query is : Resolved
Dear Experts need your advise;
Facts:
I had appeared in suit in person.But before appearing I had submitted to the H'bl court that our original advocate on record will not be appearing for us any more. I had also secured the permission from the court as per the procedure.
The judgement was in my favor and I won the case. But on seeing the judgement I noticed that the judgement did not bre my name as appeared but that of my adv on record.
I made an application to the court for rectifying the technical mistake but the court has said this can be rectified only if the other party returns the certified copies of the order which they have taken.
Query;
Is there any provision that I can get this rectified and get my name on the judgement
Shonee Kapoor
(Expert) 28 March 2012
How does it matter?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 28 March 2012
Adv who first filed Vakalatnama, remains on record.
U FORGET
Accept my Congratulations. u joined team of Shri Shonee.
Deepak Nair
(Expert) 28 March 2012
Winning the case was important and you have won. The name of advocate in order does not make any difference.
SAINATH DEVALLA
(Expert) 28 March 2012
Dear Soniaji,
Congratulations for winning the case.Technical mistakes sometimes happen.It is the work of the administrative staff to rectify only to be ratified by the judge.I don't think it is a big problem.Get it rectified before the opp. party goes for an appeal in the higher court.
Sonia Prabhu
(Querist) 28 March 2012
Thanks for the reply:
If permitted can I add my comments to get my doubts cleared. May be it might sound as an argument but that is for my better understanding of course yes you experts permit.
venkatesh Rao
(Expert) 28 March 2012
The scope of Sec. 151 is very vast. make an application for correction after serving the copy on the other side. The court will definitely allow your prayer. It is not a technical error; it is factual mistake. Had the court permitted your counsel to retire and permitted you to conduct in person, it is purely a factual mistake which can not suo moto be corrected by the court.
Sonia Prabhu
(Querist) 28 March 2012
Yes Mr Rao the facts are exactly as u are saying.
The court had granted the advocate to retire and had granted me the permission to conduct the argument.
In fact the judge is same :
who had granted me the permission,
before whom I had conducted the argument
Who has given this order and
who is refusing to rectify the error..
