Bombay High Court
Tarquino Raul Henriques
Versus
Damodar Mangalji & Co. Pvt. Ltd.
Decided On:

Headnote:Sections 113, 2 (17),34, Order 47, Rule 1 - Mesne profit-Interest-Grant of-Condition precedent - While granting mesne profit interest not granted-Neither any plea raised for interest nor considered by court Review-Held Maintainable-Patent and glaring mistake is not awarding interest-Error apparent on the face of record.

       Therefore the trust of the authorities is if a point has not been erroneously decided or never touched in the judgment delivered and if without any elaborate argument and long drawn proceedings the error could be pointed out such an order is liable to be reviewed, by patent and glaring mistake interest was not awarded and this is without any elaborate argument. This will therefore come within the ambit or scope of an error apparent on the face of the record as this aspect of the mailer never found any place in the

       impugned judgment.

       For Citation : AIR 1989 Bom 309 at p. 313