(1.) The petitioner is the plaintiff, who by way of this revision under Section 115, C.P.C. seeks to assail the orders passed in LA. No. 525 of 1998 in O.S. No. 13 of 1985 on the file of the Senior Civil Judge, Wanaparthy dismissing the application filed under Section 152, C.P.C. seeking amendment of the decree.
(2.) The facts, in brief, are that the petitioner had filed the above suit for recovery of money for a sum of Rs. 27,585.50 paise with future interest at 18% p.a. on the foot of a promissory note. The suit was ultimately decreed as per the judgment and decree dt. 5-3-1987 and the Court had granted time for payment of decretal amount on or before 31-7-1987. However, though the suit was a simple suit for recovery of money, the office drafted the decree as a preliminary decree in a mortgage suit and therefore the decree is to be corrected in exercise of the powers under Section 152, C.P.C. Hence the petition.
(3.) Contesting the application, the case of the respondents was that the present application is filed long after the decree i.e. almost after lapse of 11 years and therefore the very application suffers from serious laches and delay. The petitioner had also obtained a certified copy of the decree and yet he neglected to file proper application immediately thereafter. Hence, the application requires to be rejected.