LAWS(MAD)-1995-2-14

T R SIVAPRAKASA MUDALIAR Vs. SETHURAMDAS MAHESHKUMAR

Decided On February 20, 1995
T.R.SIVAPRAKASA MUDALIAR Appellant
V/S
SETHURAMDAS MAHESHKUMAR Respondents

JUDGEMENT

(1.) This revision is filed against the order passed by learned Principal Sub Judge, Salem dt. 9-1-90 on a memo filed by the judgment-debtor in O.S. No.797/1982 for amending the decree.

(2.) The plaintiff has filed the suit for recovery of Rs. 71,333.66 on two promissory notes. After trial, the learned Sub Judge has granted a decree for the said sum. A decree has been drafted by the Office of Sub Court, in which interest has been awarded at 24% per annum on the principal sum of Rs. 50,000/- from the date of plaintiff till date of decree and at 6% per annum thereafter till date of realisation. The defendant has filed a memo before the Sub Judge, Salem seeking amendment of the decree contending that the Court has not awarded any interest from the date of suit and from the date of decree, in the judgment and therefore, awarding of interest in the decree is not correct and it has to be amended. The learned Sub Judge has rejected the memo holding that the decree has been drafted as per the judgment.

(3.) It is against this order of the learned Principal Sub Judge, Salem, the present Civil Revison Petition has been filed.