1.My uncle has filed partition suit.He then filed amendment (I.A.1) seeking declaration of civil death of my missing aunt.
2.We filed objection stating this declaration is not in scope of this suit.
3.Before the amendment I.A was heard,he then filed I.A (I.A.2) to implead Municipal authority.
4.Judge heard the impleading application even while amendment I.A.1 was pending hearing.He allowed the impleading application erroneously stating the declaration of civil death was in plaint. His order states plaint to be amended to implead muncipal authority.Actually that amendment (I.A.1) has not been heard.
5.During this time I had to change advocates and so did not check the amendment filed.
5.Meanwhile my uncle filed another I.A (I.A.3) on legal heirs of another uncle was heard and again the amendment I.A.1 was still pending
6.Now I have a bew advocate. We accessed the amended plaint it has the muncipal authority as party and declaration of civil death. But this declaration of civil death amendment has not ben heard and hence should not be in plaint.
7.My new advocate says we cannot do anything about the amendment.
This amendment has been done due to fatual error of Judge in stating declration of civil death is in the plaint when its actually in an amendment I.A.1 which has not been heard. Also the amendment of plaint due to order of I.A.2is only to implead and hence the declaration is not in scope of that order.
Can the erroneous amendment be rectified? A different matter-legal heirs hasbeen heard after that amendment but it is not impacted by the errorneous amendment.
