GULAB BAI Vs. RAM PRATAP

JUDGEMENT

(1.) THIS is a revision application by the defendant from the order of the Munsiff, kota dated 19-8-1972 in Civil Original Case No. 290 of 1970, by which the learned munsiff, allowed the application moved by the plaintiff-respondent under Section 152, Civil Procedure Code and directed that the preliminary decree be amended and a direction be added in the decree that the plaintiff is entitled to get interest at the rate of 24% per annum from 1-10-1969 (date of the suit) to 11-1-1971 (date of preliminary decree) and at the rate of 6% per annum from 12-1-1971 till the realisation of the amount.

(2.) THE facts leading to the proceedings out of which this revision arises are not in dispute. The plaintiff-respondent Rampartap filed the suit for recovery of Rupees 3600/- along with costs and interest against the defendant-petitioner and prayed that in case the defendant did not pay the amount within such period as may be fixed by the court, a direction may be given for sale of the mortgaged property. After trial the learned Munsiff, Kota passed a preliminary decree on 11-1-1971 under Order 34, Rule 4, Civil Procedure Code for a sum of Rs. 3600/-and it was further ordered that the defendant shall pay into the court the said amount by 30th April, 1971 and in default of payment as aforesaid the plaintiff may apply to the court for a final decree for the sale of the mortgaged property.

(3.) ON account of failure of the defendant to pay the amount and on an application having been moved by the plaintiff in this connection, a final decree was passed on 12-1-1972 directing that the mortgaged property be sold and out of the sale proceeds the mortgage money shall be first paid to the plaintiff and if there remains any balance thereafter the same may be paid to the defendant. After about 3 months of the passing of the final decree, the plaintiff made an application under Section 152, Civil Procedure Code on 10-4-1972 that the court while passing the preliminary decree had inadvertently omitted to award interest pendente lite and future interest on the suit amount as provided under Order 34, Rules 4 and 11, Civil Procedure Code and consequently the preliminary decree may be corrected by introducing therein a direction for payment of interest pendente lite and future interest This application was opposed by the defendant-petitioner on the ground that no such amendment could be made in the decree under Section 152, Civil Procedure Code. The defendant's objection was however overruled and the decree was ordered to be corrected as prayed. Aggrieved by the order of the learned Munsiff the defendant has come in revision to this court.