B SHIVANANDA Vs. ANDHRA BANK LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) We have heard both counsel.

(3.) The respondent filed OS No. 74 of 1979 on the file of the Additional Subordinate Judge, Ananthpur, A. P. on 11/6/1979 seeking a preliminary decree for sale of properties covered by two simple mortgages, dated 3/7/1976 and 13/12/1976 and a charge on the hypothecated moveables and immovables, moveables have been mentioned in Schedule 'b' and a personal decree against appellant and others was sought for the decretal amount with future interest and costs. The suit was decreed ex parte on 13/3/1986. Thereafter, two applications were filed one by the respondent-Bank claiming interest at the rate of 16 1/2% on the decretal amount and another by the appellant. The appellant contended that no interest can be granted since the judgment did not specify the liability relating to payment of future interest. The trial court allowed the application of the appellant and dismissed the application of the respondent-Bank. On revision filed by the Bank, the High court, by its order dated 23/9/1989 allowed the revision of the Bank and dismissed the application of the appellant. Thus, this appeal by special leave.