ORDER

1. In this appeal, learned counsel for the appellant has raised a short point. It arises on the following facts:

The award passed by the arbitrator in favour of the appellant was made a rule of the court and a decree in terms of the award was passed by the civil court but no interest from the date of decree till date of payment was made.

2. The respondent challenged the award. The present appellant had filed a cross-appeal. The cross-appeal was limited to the claim of interest on the awarded sum from the date it was made rule of the court to the date of payment. The appeal of the opposite party was dismissed and the cross-appeal was also dismissed.

3. In the High Court the contention advanced by the appellant was that the civil court in making the award rule of the court and passing a decree thereon, ought to have as a natural consequence granted interest from the date of decree till the date of payment. The High Court, by the impugned order passed on 24-12-1997, dismissed the cross-appeal claiming interest from the date of decree till the date of payment. After dismissal of the cross-appeal, the appellant moved a petition for review. As the impugned order dated 11-8-1998 passed on the review petition indicates, a request was made to allow the appellant to approach the civil court for correction of the decree under Section 152 CPC, so as to grant interest from the date of decree till the date of payment.

4. Learned counsel for the appellant, in these appeals before us, relying upon a decision of this Court in Jagdish Rai & Bros. v. Union of India1 submits that instead of relegating the appellant to the civil court for making a an application under Section 152 CPC for correction of the decree, it was open to the High Court to have granted the relief on the claim of interest.

5. We have also heard learned counsel for the respondent who opposed such a prayer and submitted that the cross-appeal having been rejected and the amount awarded having been paid, no further relief should be granted to the appellant.

6. From the contents of the order made on the review petition, we do not find that the High Court has made any observations which might prejudice the appellants claim for amount of interest from the date of decree till the date of payment. The High Court has allowed the review petition to the extent of permitting the appellant to approach the civil court under Section 152 CPC and in doing so incidentally observed that the question whether C Section 152 CPC can be invoked can also be gone into by the civil court. In our opinion, no further clarification is required. It would be open to the civil court to pass suitable orders on the application under Section 152 CPC filed by the appellant.

7. In the circumstances, the appeal is disposed of. No order as to costs.