2014 PLP 1023 (MLD)

RAUF AHMAD SHEIKH, J.

The petitioners have assailed the vires of order dated 24-9-2012 passed by the learned ADJ, Rawalpindi, whereby a revision petition filed by him against the order dated 23-9-2011 of the learned Civil Judge, Rawalpindi was dismissed.

2. The facts in brief as emerge on perusal of the record are that the respondent No.1 filed a suit for possession through pre-emption of land measuring 2 kanals 4-marlas fully described in the head-note of the plaint for the sum of Rs.6,63,

000. It was contended that the land was alienated in favour of the petitioners/defendants through mutations Nos.10440 and 10451 dated 21-10-2006 for the above mentioned amount. Subsequently, he moved an application for amendment in the plaint with the contention that through clerical mistake the measurement of land was wrongly given as 2-kanals 4-marlas instead of 2-kanals 9-marlas so the permission to effect the correction accordingly, may be granted.

3. This petition was contested by the defendants/petitioners, who contended that the petition has been moved with mala fide intention; that the mistake was not inadvertent rather it was intentional and that after elapse of long period the respondent could not be allowed to fill up the lacunas.

4. After hearing the arguments the learned trial court accepted the petition and allowed the amendment. The civil revision filed by the petitioners was dismissed by the learned ADJ through the impugned order.

5. The learned counsel for the petitioners has contended that the suit was for partial pre-emption and as such was liable of dismissal so the respondent/plaintiff could have not been allowed to amend the plaint after expiry of the long period of 4-1/2 years of its institution; that there was no overwriting as contended by the respondent/plaintiff in the application seeking permission to amend the plaint and both the courts below failed to appreciate this important aspect of the matter and that the valuable right has been accrued in favour of the petitioners, which could have not been taken away by allowing the amendment.

6. The copy of the plaint shows that the details of both the mutations, number of Khatas and Khasras along with shares thereof were correctly given. In these, circumstances, the measurement given in the plaint i.e. 2-kanals 4-marlas instead of 2-kanals 9-marlas appears to be result of a clerical mistake. Such clerical or mathematical mistakes can be corrected at any stage. The delay in submission of the application was no ground to disallow the prayer. An application under Order VI, Rule 17, C.P.C. can be moved at any stage of the proceedings including the appeal. The impugned order passed by the learned trial court and the learned ADJ do not suffer from any illegality or infirmity. It was not a suit for partial pre-emption and incorrect measurement was given due to the clerical mistake as held above. Neither it was a suit for partial pre-emption nor any right had accrued in favour of the petitioners on this account. The writ petition is without merits and the same is hereby dismissed in limine. AG/K-16/L Petition dismissed.