VALLABHANENI VIMALAMBA Vs. GHANTA RATNAMMA

JUDGEMENT

(1.) This is a petition to revise the order of the learned District Munsif, Gudivada in I.A.No.255 of 1960 in O.S.No.217 of 1957. The petitioner prayed for amendment of the plaint and decree by noting the sum of Rs. 148-8-0 as interest due, instead of Rs. 37-2-0 noted in the plaint and the decree. The petitioners case was that by mistake the wrong sum of Rs. 37-2-0 was noted for Rs. 148-8-0. This application was resisted by the judgment-debtor, and the objection was upheld by the trial Court, and the petition was dismissed. Hence the revision.

(2.) The suit was filed on the foot of a mortgage deed dated 31-8-1945 for the principal sum of Rs. 200.00. In the plaint, paragraph 7, the particulars of the claim were stated thus:

(3.) In paragraph 10, dealing with the prayer, it was prayed that a preliminary decree may be passed for the suit amount with subsequent interest at the rate of Rs. 0-7-4 from the date of plaint till realisation with costs of suit. During the trial, the defendants appeared and admitted the claim and a decree was passed on 27-3-1958. Subsequently, the decree-holder seems to have discovered that she committed a mistake in the calculation of the interest and filed this application