RAJAMORAL Vs. STATE BANK OF MYSORE

JUDGEMENT

(1.) The respondent in E.A. No. 328 of 1991 in E.P.No. 121 of 1981 in O.S.No.77 of 1974 (judgment debtor), Sub Court, Kochi, is the revision petitioner. The decree holder-petitioner in the court below is the sole respondent in this revision. The decree holder filed an application to amend the execution petition. It was stated that there is an omission to claim interest for the entire principal amount in the original execution petition. So it is necessary to allow the petitioners to amend the execution petition. The revision petitioner (respondent in E.A.No.328 of 1991) objected to the above and stated that the petition lacks bona fides. The court below allowed the amendment. The judgment debtor has come up in revision.

(2.) I heard counsel.

(3.) Counsel for the revision petitioner, Mr. R.D. Shenoi, vehemently contended that the prayer to amend the execution petition is barred by limitation. The court below was in error in allowing the .amendment. Counsel for the decree holder (respondent) submitted that the petition to amend the execution petition was filed bona fide, and there is no bar of limitation.