SYAMALA Vs. CATHOLIC SYRIAN BANK LTD

JUDGEMENT

(1.) The defendants in O. S. No. 117/98 of the Principal Munsiff's Court, Irinjalakuda are aggrieved by the order passed by the said Court in I.A. No. 5453/98 filed under S.152 of the CPC. The plaintiff filed that petition alleging that the judgment and decree contained omissions in so far as the charge over the property in respect of which the title deeds were deposited by the defendants at the time of getting a loan from the respondent herein was omitted therein. Another prayer in the petition was to include the full address of the 1st respondent in the decree. The Court below allowed the petition.

(2.) Relying upon the decision in Kuruvilla Thomas v. State Bank of Travancore ( 1988 (1) KLT 563 ) and Varghese v. Indian Bank ( 1998 (2) KLT 601 ), the learned counsel for the petitioner submitted that by invoking the powers under S.152, only a clerical or arithmetical mistake can be corrected. In this case what has been done by the Court below was to provide an extra relief to the plaintiff which according to the Revision Petitioner, was beyond the purview of S.152 of the CPC.

(3.) The main question for consideration in the case is whether by providing an additional relief in the judgment and decree and thereby creating charge over the properties of the defendants, the Court below has over stepped its powers under S.152 which reads as follows: