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1979 Supreme(AP) 184

A.SEETHARAM REDDY
P. R. Saigal – Appellant
Versus
State Bank of India – Respondent


( 1 ) DEFENDANT is the revisionist. The suit was filed for recovery of rs. 1,23,583 43 Ps. on 6th November, 1975. It is prayed in the plaint that the suit be decreed with interest at the rate of 14 per cent, from the date of suit to the date of suit of realisation. Eventually the lower court in its judgment decreed the suit as under: "in view of the findings given above, the plaintiff is entitled to a decree for the suit amount. 9. In the result, the suit is decreed with costs as prayed for. " the revisionist filed Interlocutory Application No. 612 of 1977 under sections 152 and 153 of the Code of Civil Procedure for amending the judgment and decree in the suit by deleting the portion "the defendant de pay the plaintiff a sum of rs. 1,23,583 43 Paise with future interest at 14 per cent per annum from the date of suit, namely 6th November, 1975 till the date of realisation" and by substituting the words" "the defendant do pay the plaintiff a sum of Rs. 1,23,583. 43 Paise with fucure interest at 6 per cent, per annum from the date of suit ie. 6th November, 1975 till the date of realisation. " The interlocutory application was dismissed by the lower court stating that the case does no




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