NALLAPANENI PATTABHI SECTHARAMAIAH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The question raised in this revision petition is whether under Sec. 152 C. P. C. it is open to the Court to modify the interest awarded earlier at the rate of 12% in respect of mortgage loan obtained from a nationalised bank, which is the respondent herein decreeing the suit from the date of suit to the date of decree as well as from the date of decree to the date of realisation.

(2.) Few facts in brief are that the petitioner herein, admittedly an agriculturist, obtained a loan from the respondent, State Bank of India. On filing a suit it was decreed, awarding interest at the rate of 12 1/2% p a. from the date of suit to the date of decree as well as from the date of decree to the date of realisation. Later, an application was filed under Section 152 C. P. C. by the petitioner herein for substituting the following by deleting para one of preliminary decree dated 9-2-78.

(3.) The following was sought to be substituted as para 2 (i) of preliminary decree dated 9-2-1978 :-