M G ARAVINDAKSHAN Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) THIS petition is in challenge of Ext.P5, order dated July 30, 2005 dismissing I.A.No.5121 of 2004 in L.A.R.No.26 of 1994 of the court of learned Additional Sub Judge-II, Thrissur. That was an application filed by the petitioner/claimant for amendment of decree to incorporate interest on solatium which according to the petitioner he is entitled to get in view of the decision in Sunder Vs Union of India (2001(3) KLT 489). Application was opposed by the respondent. Learned Additional Sub Judge dismissed the application observing that claim for interest on solatium was rejected by the Trial Judge, an application under Section 152 of the Code of Civil Procedure (for short, "the Code) is not maintainable and that at any rate, petitioner is entitled to get interest on solatium only after 19-09-2001 and since the entire proceedings were prior to that day and entire decree was satisfied. Learned counsel contends that the decision in Gurpreet Singh Vs. Union of India (2006(8) SCC 457) clarifying the decision in Sunder Vs Union of India (supra) that interest on solatium is payable from 19-09-2001 is not applicable to cases where application for amendment of judgment and decree under Sec.152 of the Code is made and that the said decision applies only to pending execution petitions. According to learned counsel reference court has committed a mistake in omitting to award interest on solatium and that could be corrected under Sec.152 of the Code. Learned Government Pleader appearing for respondent contends that in the light of the direction in paragraph 54 of the decision in Gurpreet Singh Vs. Union of India (supra) no claim for interest on solatium could be made for any period prior to 19-09-2001.

(2.) IT is not disputed before me that the decree passed by the reference court was satisfied in full by 08-03-2001. Now the question is whether, moving under Sec.152 of the Code petitioner can request the court to correct judgment and decree to award interest on solatium for the period prior to 19-09-2001.