CANARA BANK THATIENGARPET Vs. PERIASAMY MUTHURAJA

JUDGEMENT

(1.) THE Court below was in error in directing the petitioner, even at a stage prior to the admission of the plaint, to amend the plaint regarding the claim made therein for interest. THE petitioner has stated in paragraphs 4 and 6 of the plaint as to how it is entitled to claim a higher interest on the claim and also a higher rate of interest subsequent to the date of plaint till realisation. If the petitioner's claim in that regard is found to be in order, then it will be open to the Court to countenance such a claim and grant relief. Even if for some reason the Court finds that the claim of the petitioner for interest as made in the plaint is not allowable or otherwise sustainable, it would be open to the Court to refuse the petitioner that relief or give other appropriate relief which may be available to the petitioner under the law. Without doing so, the order of the Court below directing the return of the plaint for carrying out amendments, even at a stage prior to the admission of the plaint, is not in order. That order is, therefore, set aside. THE learned District Munsif, Turaiyur, is directed to take the plaint on his file, number the suit and proceed with the trial in the usual course. THE Civil Revision Petition is allowed. THEre will be no order as to costs.