SUBRAHMANYAM Vs. KRISBNAMURTHY

JUDGEMENT

(1.) This revision raises the relative scope of Order 8 Rule 5 C.P.C. and Order 12 Rule, 6 C.P.C.

(2.) The plaintiff filed a suit on the foot of three promissory notes, two executed on 29-4-1979 and one on 7-7-1978 by. the defendant, After the., written statement is filed the plaintiff requested, the court to pass an., interim decree for Rs. 15,200/- at 5 1/2% interest taking into account the admissions by the defendant in the written statement. The court below took the view that Order 12 Rule 6 C.P.C has no application, but Order 8 Rule 5 C.P.C. applies to the facts of the case and passed an interim decree for Rs. 15,200/- This revision is filed against this order challenging the 'order of the court below passing an interim decree.

(3.) Order 8 Rule 5 and Order 12 Rule 6 C.P.C. are amended by Act 104 of 1976, The respondent is not represented by a counsel, requested Sri C. Trivikramarao to assist me and he readily did so. I place on record my appreciation of his assistance to the court.