IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.615 of 2006 HARI KISHORE SINGH Versus BRIJ KISHORE SINGH & ORS ----------- 3. 20.10.2008 Heard counsel for the petitioner. In the opinion of this Court the impugned order should have been more elaborate. The court below should have taken into account that the date of deed of gift dated 9.10.1972 as mentioned in the paragraph no. 8 of the plaint, could also be a purely typographical error, especially when a registered deed of gift dated 9.10.1978 with all other details was fitting in such averment made in the plaint. That being so, when the said, deed of gift dated 9.10.1978 is also admitted by the defendant, as has been noted in the impugned order itself the court below in all fairness ought to have allowed the said document to be taken on record by way of evidence. Consequently, the impugned order is set aside and the court below is directed to reconsider the matter taking the date of 9.10.1972 in paragraph 8 of the plaint to be typographical error. It would be also open 2 for the petitioner to seek amendment in the plaint as with regard to the said date of deed of gift. This application is allowed in the aforementioned terms. (Mihir Kumar Jha,J.) Surendra/