UNION BANK OF INDIA Vs. NAURANG

JUDGEMENT

(1.) Special leave granted. In the instant case, the appellant had filed a suit for recovery of money which included interest at the agreed contractual rate.

(2.) By judgment dated 29th September, 1997, the suit was decreed as follows :

(3.) After the decree was drawn up, an application was filed on 8th October, 1997 by the appellant before the Court contending that there had been a typographical mistake and the words "from the date of decree" occurring in the judgment should be substituted by the words "from the date of institution of the suit" in so far as they were to relate to the date from which interest was payable. The same trial Judge by order dated 13th November, 1997 accepted that there was a typographical error and the interest was to be from the date of institution of the suit and not from the date of decree. He allowed the application of the appellant and directed the correction of the judgment with the result that the same was to read as follows :