Rules for Corrections In Petition: Patna HC

Rules for Corrections In Petition: Patna HC

JASMINE SURI 

BACKGROUND: 

On Wednesday, a division bench of Patna High Court upheld the order of a single judge of the high court, the bench directed that if corrections are required in the body of the petitions/applications which are filed by a party e must be done either by filing a supplementary affidavit on earth or with the leave of the court in special circumstances. Rules for Corrections in the petition.

The above observation was made by a single judge in the view of the fact that exchange in the position related to Ooh criminal antecedents of the petitioner, in that case, had been made in .the application even without the initials of the Counsel.

The coordination committee of bar associations of lawyers of the Patna High Court impugned the above order through Senior Advocate Yogesh Chandra Verma and Advocate Anuj Kumar.

CURRENT ISSUE (Rules for Corrections In Petition: Patna HC):

This stated that minor corrections in the array of the parties or in the course title should be permitted to be carried out by the learnt counsel to avoid inconvenience to the litigants.

The aforesaid request was declined by the division bench Chief Justice Amreshwar Pratap Singh and Justice Ashutosh Kumar the division bench observed "any statement on oath made be a deponent cannot be corrected by a learnt counsel in his handwriting and that too even without the signature of the oath commissioner and which in our opinion can only be corrected by a duly sworn affidavit."

The bench stated citing the event of serious discrepancies with regard to alteration of particulars in the cause title in CR. Misc. No. 18211 of 2016, that gave rise to a detailed enquiry being conducted under the orders passed by the court on the judicial side," even such corrections in the cause title have created complications, particularly in criminal cases where for example in second bail applications or bail applications of co-accused, the application is filed by altering the name of the police station or case crime number. We do not wish to say that it is done in every case, but such attempts have led to suspicion of deliberate attempt to avoid the impact of previous orders".

It was clarified by the bench that any Miner correction duly countersigned by the advocate can be accepted but such corrections should be pointed out by the office in its report.

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CONCLUSION:

Further, it becomes difficult to call clients again and again for the swearing of an ad with it and thus it causes a lot of and immense hardships in the filing of petitions and so it was clarified by the court that- "it is not necessary that the client himself should file an affidavit and the learned counsel can himself move an application through an affidavit of his own Clerk for carrying out such minor or typographical corrections in the main body of the petition/application which is obvious and does not tend to change the nature and original tenor of the pleadings duly sworn by the deponent".

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