1 WP No.6273/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.6273 of 2010 Sayed Jaleel Miraie ... Petitioner versus Ketan Natwarlal Shah & ors. ... Respondents ... Mr.R.M.Nakhwa i/b Sandeep Bhagwat for the petitioner. CORAM : D.G. KARNIK, J. DATED : 10th August 2010 P.C. 1. Heard learned counsel for the petitioner. 2. By this petition, petitioner challenges the order dated 2 August 2010 passed by the learned Judge allowing the amendment of the affidavit in lieu of examination in chief. At the first blush, it may appear that an amendment by affidavit of evidence cannot be allowed. However, a perusal of the application shows that the amendment is sought only to correct few typographical errors appearing in the affidavit. It appears that instead of figure “6” the figure “8” was wrongly typed. That was sought to be corrected by the amendment. Similarly, spelling of the name was sought to be corrected by an amendment. I am satisfied that the amendments sought were not 2 WP No.6273/10 substantive but only to correct the typographical errors appearing in the affidavit. If u/s.152 of the Code of Civil Procedure, the Court is permitted to correct clerical and arithmetical mistakes in the judgment, I see no reason why a party to the suit should not be allowed to correct typographical errors in the affidavit. Such power can be exercised u/s. 151 of the Code of Civil Procedure. I see no reason to interfere in the order passed by the trial Court. Writ Petition is rejected summarily. (D.G. KARNIK,J.)