SYNDICATE CHIT FUNDS LTD Vs. NARAYANAN NAIR

JUDGEMENT

(1.) M/s. Syndicate Chit Fund Limited (Plaintiff) which got a money decree, but has no practical use of it since the plaintiff company is precluded from realising the amount decreed on account of want of necessary operative words in the judgment. The petition for amending the judgment was dismissed and hence this revision petition.

(2.) The plaintiff company filed a suit for realisation of Rs. 1,360/- based on Ext. A1 which is a bond executed by one Krishnan and two sureties (defendants 1 and 2) for repayment of the defaulted instalments of a Kuri. Krishnan died and his legal representatives were made defendants in the suit. The Trial Court found that the plaintiff is entitled to the amount claimed in the suit. The court allowed the plaintiff to proceed against the property left behind by the said Krishnan and also against the assets of defendants 1 and 2. The operative portion of the judgment is worded thus: "In the result the suit is decreed as indicated above with costs of the plaintiff". A decree was prepared in line with the said judgment. The plaintiff found it difficult to execute the said decree as it does not allow him to realise the plaint amount from the defendants. It is not necessary now to consider whether the plaintiffs are entitled to realise the amount even on the strength of the words now embodied in the judgment and decree.

(3.) As the judgment and the decree did not contain words necessary to allow the plaintiff to realise the plaint amount with costs and interests, from the defendants and properties mentioned above, the plaintiff filed an interlocutory application, under S.152 of the Code of Civil Procedure (for short 'the Code') before the Trial Court for amendment of the judgment. The short order by which the lower court dismissed the aforesaid interlocutory application reads thus: