AIR 1935 ALLAHABAD 914

Allahabad High Court

Hon'ble Judge(s): Kendall , J

Civil P.C. (5 of 1908) , S.151, S.152, S.153— Decree granted on plaint giving wrung name of defendant - Application for amendment - Procedure under inherent powers. Plaintiff named a wrong person as defendant. Decree was granted against the wrong person. Subsequently, plaintiff applied that necessary correction he made as be had made an accidental slip in putting a wrong man as defendant : Held : that if the plaintiff really made an accidental mistake of this kind there must be a remedy such as that contemplated Ss. 151 to 153. If there was an error that could be corrected by proceedings under Ss. 151 to 153, then the proper course for the Court was to send a notice to the other person to be substituted and give him an opportunity of showing that the error was not merely one that could be cured by summary procedure of this kind. If he could show that the error was not of this nature, then the plaintiffs application would no doubt have to be dismissed. But if he failed to show this, then there would be no reason why the Court should not make the necessary correction under the provisions of Ss. 151 to 153.(Para 914C2 915C1) .....