SUNITA BUTY Vs. ALLHABAD BANK

JUDGEMENT

(1.) This revision is preferred by the judgment debtors/defendants in Civil Suit no. 105 of 1972 against the order on application under Section 152 Civil Procedure Code. The facts giving rise to the revision are as follows: allahabad bank had advanced a loan to the defendant Vasudeo for Rs. 64,825. 08 ps. on the basis of the deposit of title deeds. Since the amount was not paid a suit came to be instituted. The defendant did not contest the suit. As a result preliminary decree, was passed by the court and while passing the decree the Court ordered that defendant should pay interest at 6% on the sum of Rs. 50,000/ -.

(2.) Subsequently final decree proceedings were taken up and a final decree also came to be passed in 1974.

(3.) In 1999 plaintiff-Allahabad Bank made an application for correction of the decree on the ground that decree was not drawn in accordance with final order passed by the Court in Civil Suit No. 105/72 and as such prayed for amendment of the decree. In the preliminary decree that was passed by the Court the ministerial officer of the Court had failed to mention that defendant should pay 6% interest on the amount of Rs. 50,000/ -. It is on account of this that an amendment to the decree was sought. The learned Judge of the lower Court allowed the application negativing the contentions raised by the defendant that the amendment has been sought after lapse of so many years. Being aggrieved by the order passed, allowing the application this revision has been preferred.