Case Note & Summary
The Supreme Court of India heard a miscellaneous application seeking correction of a clerical error in the cause title of a previous judgment. The application pertained to Civil Appeal No. 4846 of 2021, where a judgment had been delivered on August 17, 2021. The applicant sought correction of the respondent's name in the cause title from 'KERALA PUBLIC SERVICE COMMISSION COMMISSION & ORS.' to the correct form 'KERALA PUBLIC SERVICE COMMISSION & ORS.' The court considered this application on January 28, 2022, before a bench comprising Justice L. Nageswara Rao and Justice B.R. Gavai. The legal issue involved whether to allow correction of what appeared to be a typographical or clerical error in the naming of a party in the cause title. The court heard counsel for the respondents, including Mr. Vipin Nair and Mr. C.K. Sasi, while the petitioner's matter was handled by the court's motion. After hearing the counsel, the court allowed the miscellaneous application in terms of the signed order. The court directed that the name of the respondent in the cause title be corrected as requested. The court further ordered that all pending applications, if any, would stand disposed of as a consequence of this order. The correction was limited to rectifying the erroneous duplication in the respondent's name without affecting the substantive merits of the original judgment.
Headnote
A) Civil Procedure - Correction of Clerical Errors - Cause Title Rectification - Supreme Court Rules - Application sought correction of respondent's name from 'KERALA PUBLIC SERVICE COMMISSION COMMISSION & ORS.' to 'KERALA PUBLIC SERVICE COMMISSION & ORS.' in judgment dated 17.08.2021 - Court allowed the application for correction in the cause title - Held that the miscellaneous application is allowed and pending applications stand disposed of (Paras 1-2).
Issue of Consideration
Whether to allow correction of the respondent's name in the cause title of a previous judgment
Final Decision
The application for correction in the Cause Title of the judgment dated 17.08.2021 passed in C.A.No.4846/2021 is allowed. The name of the respondent(s) in the cause title is shown as KERALA PUBLIC SERVICE COMMISSION COMMISSION & ORS., shall now be read as KERALA PUBLIC SERVICE COMMISSION & ORS. Miscellaneous Application is accordingly, allowed. Pending application(s), if any, shall stand disposed of.
Law Points
- Correction of clerical errors in cause title
- Procedural application for name rectification
