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1988 Supreme(Ker) 22

VARGHESE KALLIATH
KURUVILLA THOMAS – Appellant
Versus
STATE BANK OF TRAVANCORE – Respondent


Judgment :-

1. This Civil Revision Petition concerns a question of correction of a judgment and decree. Two sets of defendants against whom a decree was passed in O. S.34 of 1981 on the file of the Sub Court, Kottayam, filed applications for correcting the judgment and decree passed against them. The court below declined to correct the judgment and decree. Hence this Civil Revision Petition.

2. By filing O. S.34 of 1981, the plaintiff, a Bank, prayed for recovery of a very large amount from the defendants. The suit claim was based on loans advanced by the Bank under various transactions Defendant No.1 in the suit was a firm. The firm was constituted by one Annamma and the 3rd defendant (the revision petitioners before me are the children of Annamma). The suit was instituted after the death of Annamma against the firm and the surviving partner of the firm, namely, the 3rd defendant, and the children of Annamma. After considering the evidence in the case and the contentions raised by the defendants the trial court passed a decree in the following terms:

"In the result, the plaintiff Is given a decree as against the defendants for realisation of Rs. 9,85,352.50 ps. with interest at the

















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