PUCHALAPALLI ADISESHADRI REDDI Vs. MUNGAMUR SIVARAMAYYA

JUDGEMENT

(1.) THE High Court s preliminary decree superseded the District Court s preliminary decree. An error in the High Court s preliminary decree cannot be corrected by the District Court. THE District Court was legally bound to draw up its final decree only in accordance with the High Court s preliminary decree.

(2.) THE District Judge, therefore, rightly refused the application to correct his final decree, which was in accordance with the preliminary decree passed by the High Court. THEre was, therefore, no ground for interference under Section 115, Civil Procedure Code, with his said order of refusal. We dismiss the Letters Patent Appeal with costs on this ground, though we differ respectfully from the view of the learned Judge whose decision is now under appeal, namely, that there is anything in Order XXXIV, Rule 2, to prevent a Court from providing in its decree for interest on the total amount awarded to the plaintiff because such total includes interest on the bond sued on.