CMPMO 111 of 2008. 3.7.2008 Present: Mr. V.S.Chauhan, counsel for the petitioner. Mr. G.D.Verma, Sr. Advocate, with Mr. Romesh Verma, counsel for the respondent. This petition under Article 227 of the Constitution of India has been preferred by the petitioner, who is the defendant before the learned trial Court. A suit was filed by the plaintiff-respondent claiming a decree for a sum of Rs.29,255/- on the allegations as made in the plaint. The petitioner resisted the suit on a number of grounds including the fact that payments had been made to the plaintiff which had been particularized by him in the application for leave to defend. Subsequently an application under Order 6 Rule 17 of the Code of Civil Procedure was filed praying therein that an amendment be allowed as by mistake, the name of the bank and the amount paid etc. had been wrongly mentioned. It is undisputed before me that the suit is still at its initial stage. The learned trial Court has proceeded to dismiss the application on the ground that provisions of Order 6 Rule 17 are not applicable to applications under Order 37 Rule 5 of the Code of Civil Procedure. This is a hyper -2- technical approach which cannot be commended. Surely without going into the controversy as to whether such provisions are attracted or not, the learned trial Court should have been aware of the fact that all that the petitioner sought was to correct the name of the bank, the particulars of draft by which payments had been made. Closing his right at this stage on a defence being set up is neither desirable nor sanctioned by law. Even if the provisions of Order 6 Rule 17 are not attracted, the mistake committed could have been allowed to be rectified. In these circumstances, I do not find that the order passed by the learned Court below can be sustained. It is accordingly quashed and set aside. The petition is allowed and the amendment sought in the application for leave to defend is allowed. The trial Court will now proceed further with the matter in accordance with law. Parties to appear before the trial Court on 30.7.2008. There shall be no order as to costs. July 3, 2008 (PC). (Dev Darshan Sud), J.