STATE BANK Vs. JAY RUBBER AND CO

JUDGEMENT

(1.) The suit out of which this application has arisen was filed by the plaintiff-bank on 16.12.87. The defts inspite of various opportunities did not file W/S and the case was thus proceeded under Order 8 Rule 10, Civil Procedure Code and the judgment was pronounced on 27.7.89 . In the judgment the interest was awarded in favour of plaintiff and against defts from date of the decree. Pff. has filed this application pleading that the non-grant of the pendente lite interest i.e. interest from the date of the suit till date of the judgment/decree was on account of inadvertence and accidental slip and omission and unless rectified it would cause grave and irreparable loss and injury to the pff. Thus, the pff. has prayed u/S. 152/151, Civil Procedure Code for correction of the accidental omission and slip in the judgment and decree dated 27.7.89 to incorporate that the plaintiff is granted pendente lite interest.

(2.) The application has been strenuously opposed by the defts. Mr. Bhuchar submits that non-grant of pendente lite interest cannot be said to be on account of accidental slip or omission and if the pff. was aggrieved by non-grant of pendente lite interest his remedy was to challenge the judgment and decree by filing an appeal. Counsel contends that the application u/S. 152 of Civil Procedure Code is not maintainable.

(3.) The grant of interest after filing of the suit is governed by S. 34. Civil Procedure Code S. 34(2), provides that where decree is silent with respect to payment of further interest on such principal sum adjudged from the date of decree to the date of payment or earlier date, the court shall be deemed to have used such interest, and a separate suit therefor shall not lie.