IQBAL BHAI MULLA ABBAS BHAI Vs. BUHARI

JUDGEMENT

(1.) THIS civil revision petition is directed against the order in I.A. No. 6527/85 in O.S. No. 157/78 on the file of V Assistant Judge, City Civil Court, Madras.

(2.) SHORT facts are: The revision petitioner had filed the suit against the respondent on a money claim. The defendant had filed written statement, but later he submitted to decree and decree was passed on 21.1.80. Subsequently he filed I.A. No. 6527/85 under S. 152 read with 151, C.P.C., praying for amendment of the decree by amending the rate of interest at 6% p.a. instead of 36% p.a. The said petition was opposed by the plaintiff/revision petitioner. After hearing the parties, the learned Assistant Judge had passed an order, allowing the petition and thereby had amended the decree by providing interest at 6% instead of 36% which originally awarded. Aggrieved by the said order, the plaintiff has come forward with this revision petition.

(3.) WHEN it is seen that as per S. 34, C.P.C., interest cannot exceed the contractual rate viz., 6% and when the judgment and decree grant the interest at the rate of 36%, it has to be construed as an accidental slip so as to bring it within the fold of S. 152, C.P.C. Hence I do not accept Ground No. (1) and (ii) urged by Mr. Krishnaswamy.