BANK OF INDIA Vs. G NARATHAN

JUDGEMENT

(1.) A.S.No,37 of 1999 This appeal is directed against the Judgment and Decree passed by the 6th Additional City Civil Judge in O.S.No.12225 of 1996 dated 03.12.1997 preferred by the aggrieved defendant. The suit was filed by the plaintiffs/respondents herein towards arrears of rent, the subsequent interest and costs payable to the demised property let out to the appellant/defendant. The Lower Court after going through the evidence adduced before it had decreed the suit filed by the plaintiffs/respondents as prayed for with costs. CRP(NPD)2617 of 2008 This revision is filed by the defendant/revision petitioner against the order passed by the Lower Court in ordering the amendment of the decree during the pendency of the appeal preferred before this Court in A.S.No,37 of 1999. The Lower Court had considered that the omission to incorporate interest clause was purely a typographical error and ordered amendment in consonance with the judgment passed by the said Court. A.S.No,37 of 1999 The case of both parties before the Lower Court are briefly stated as follows:

(2.) THE Lower Court had considered the evidence adduced before it and had passed a Judgment and Decree in favour of the plaintiffs with costs. Similarly, the application filed by the Decree holders/plaintiffs to amend the decree in order to incorporate the interest clause was ordered by the Lower Court with the reason that the omission to mention the interest in the decree was purely a typographical error and the decree should be amended as mentioned in the application, since the decree should be in consonance with the Judgment.

(3.) FOR convenience sake, the rank of the parties in the suit before the Lower Court are being referred in this judgment.