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1998 Supreme(Kar) 304

H.N.TILHARI
SAVITHA THEATRE, BANGALORE – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
B.PAPE GOWDA, D.L.N.RAO, K.N.PHANINDER

H. N. TILHARI, J.

( 1 ) THIS civil revision under Section 18 of Karnataka Small Causes Courts Act arises from the judgment and decree dated 15-9-1993 given in SC 6465 of 1988 decreeing the claim made by the claimants-opposite parties for a sum of Rs. 8,825/- against defendant-revisionist with interest at the rate of 10% p. a. from the date of suit till realisation with costs.

( 2 ) PLAINTIFFS case has been that defendant 1 had purchased a National Savings Certificate of seven years II Issue from the plaintiff of face value of Rs. 17,500/ -. Out of the above said National Savings certificate, one National Savings Certificate (II Issue) bearing No. 7ns/h. O. 437797, dated 29-12-1978 of value of Rs. 5,000/- is in the name of 2nd defendant. Remaining National Savings Certificate were in the name of 1st defendant. Plaintiff averred that after maturity 1st defendant presented the same before the plaintiff for its encashment together with interest accrued thereon. Plaintiffs case is that due to clerical error excess amount has been paid to the defendants as against the actual amount of Rs. 26,250/- payable to the defendant a sum of Rs. 35,000/- has been paid. During the course of audit, th












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