Dear Lawyers,
I have some doubts in Civil Law and Judgment. As this is my first post in this Club, kindly forgive and guide me if I made something mistake.
My counsel filed a civil suit behalf of us (i.e. Two Brothers) against the defendants (i.e.Neighbour) for “Not to Disturb my peaceful possession” and “For Permanent Injunction”, for our 2 pieces of adjacent land which we two brothers got from our father by a settlement deed. By god’s grace and intelligence of my counsel the suit get closed favor to us with the Judgement decreed with Permanent Injunction due to ex-parte and there is no contra pleading to the contensions of us.
In this there was a typographical error was happen in our Plaint by our counsel due to oversight in the column of “Schedule Of Property”. Suit is for 2 pieces of land so, our counsel mentioned the Property as A & B Schedule, “A” belongs to me and “B” is belongs to my brother. The total extent of the property is 23 cents. (vide survey number : 340/2D2B, Vide patta Number : 4703 in our fathers name) after settlement the property was sub-divided and fall in new Subdivision survey number vide 540/2D2B1, Vide Patta Number : 4726, Extent : 11.5 Cents and another one is 540/2D2B2, Vide patta number : 4727, Extent : 11.5 cents. But our counsel was mentioned the schedule as below.
SCHEDULE OF PROPERTY
A-Schedule (Property belong to the 1st Plaintiff)
All that piece and parcel of land together with shops measuring to an extent of around Acre 0.11 ½ cents comprised in Survey No: 340/2D, as per Patta No: 4703 Sub Division, Survey No: 340 / 2D2B at No: 123, Pallavaram Village, within the limits of Tambaram Taluk, Kanchipuram District within the limits of this Hon’ble Court bounded on the North by: Vacant Land, South by: Road, East by: Property belong to the 2nd Plaintiff West by: Vacant land.
B-Schedule (Property belong to the 2nd Plaintiff)
All that pice and parcel of land together with shops measuring to an extent of around Acre 0.11 ½ Cents comprised in Survey No: 340/2D, as per Patta No: 4703, Sub Division Survey No: 340/2D2B, at No: 123, Pallavaram Village, within the limits of Tambaram Taluk, Kanchipuram District within the limits of this Hon’ble Court bounded on the North by: Vacant Land, South by: Road, East by: Vacant Land, West by: Property belong to the 2nd Plaintiff.
As per the above Plaint the same was entered in the Judgement & Decree. Actually it was wrong data of the actual schedule.
In the above mentioned schedule the Patta Number and survey numbers are repeated the same and the extent and boundaries are matching with our subject and contension. We hold a two separate pattas with 2 different sub-division survey numbers, which is also shown in our contension and prayer of the plaint. And also we submitted in Orginal of all above 3 pattas as Ex. In the suit.
My Querries
1.Is it possible to make corrections in the plaint “Schedule of the Property” after Judgement in this Suit ? If Yes, please provide the provisions
2.How much time it will take to Amend the Judgement ?
3.If we escalate this, to the Hon’ble Court. The suit will get Re-Open and Re-Call or Substains the same Condition with Decree ?
4.Hon’ble Court require any further investigations with the Plantiff (us) ?
5.If we proceed to make corrections in the Plaint, How the Honble Court will react ?
6.Like this Decree with partially wrong schedule is safe in future or not ?
Need experts, guidence and opinions.
Thanks & Regards
S.Muthukumaraswamy.
