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1985 Supreme(Mad) 229

NAINAR SUNDARAM
A. Palanivel Chettiar – Appellant
Versus
R. Elumalai – Respondent


Advocates Appeared:S. Desikan, M.N. Sundararajan, Advocates.

Judgment :-

The judgment-debtor, defendant in O.S. 250 of 1975 on the file of the District Munsif, Coimbatore, is the petitioner in this revision. The decree-holder, plaintiff in the suit, is the respondent herein. A money decree was passed on 19-12-1978. On 19-8-1982, in E.A. 1507 of 1982, full satisfaction of the decree was recorded. On 21-8-1982, the decree-holder took out an application, I.A. 3471 of 1982 to amend the decree to incorporate the award of interest at the rate of 9 per cent per annum from 29-5-1972 to 19-12-1978 and thereafter at the rate of 6 per cent per annum and to include costs of Rs. 267. This application has been allowed by the Court below, following a pronouncement of a single Judge of the Patna High Court in Shyamal Bihari v. Girish Narain, 1962 AIR(Pat) 116. This revision is directed against the orders of the court below.

2. Mr. S. Desikan, learned counsel for the judgment-debtor, would submit that once full satisfaction has been entered, the decree becomes extinct, the Court becomes functus officio so far as that decree is concerned and thereafter, it is not competent to ask for an amendment of the decree in the manner asked for by the decree-holder. As a





















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