1 WP No.6129/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.6129 of 2010 Mrs.Juvav Jocky Fernandes & Anr ... Petitioners versus Smt.Jayashree Pundalik Parab & ors. ... Respondents ... Mr. P.V.Samant for the petitioner. CORAM : D.G. KARNIK, J. DATED : 6th August 2010 P.C. 1. By this petition, petitioners challenge the order dated 9 June 2010 passed by the learned Civil Judge, Jr. Division, Malvan rejecting the petitioners’ application under section 153 of the Code of Civil Procedure (for short “the Code”) The application was objected to on the ground that in fact it was an application for amendment and it ought to have been made under Order 6 Rule 17 of the Code. Upholding the objection, the trial Judge rejected the application. That order is impugned before me. 2. Despite an opportunity being given to the petitioners’ counsel whether he wants to amend the application so as to be under Order 6 2 WP No.6129/10 Rule 17 of the Code, counsel submitted that he has no instructions. He insisted that application was required to be allowed u/s.153 of the Code. Perusal of the application shows that it is nothing but an application for amendment of the plaint. Petitioners have sought several amendments. Counsel however submitted that amendments were necessary on account of typographical errors in the original plaint and such typographical errors can be corrected u/s.153 of the Code. Section 153 is a general provision permitting the Court to amend any defect or error in any proceeding in a suit. Order 6 Rule 17 is a special provision relating to amendment to the pleadings. When there is a special provision made in respect of a matter the general provision cannot be applied. The power of the Court u/s.153 can be used for amending errors in the record of the Court and not for amendment of the pleadings because there is a specific power conferred for amendment of the pleadings. Since it was insisted in the trial Court as well as before this Court that application can be and must be entertained u/s.153, I have no option but to reject the same. 3. It is however clarified that this order would not prevent the petitioner from making any application under Order 6 Rule 17 and if any such application is made, the same shall be considered by the trial court on its own merits in accordance with law including proviso to Order 6 Rule 17 of the Code. (D.G. KARNIK,J.)