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1981 Supreme(Mad) 324

P.VENUGOPAL
Rama Reddiar – Appellant
Versus
Raja Reddiar – Respondent


ORDER

P. Venugopal, J.

1. The decree-holders are the petitioners, before this Court and the judgment-debtors are the respondents. The petitioners, each filed a suit and obtained a decree on 16th October, 1978 and 5th January, 1979, for half of the principal amount and half of the interest due as per Act XL of 1978. When Act XL of was repealed by Act XL of 1979 they became entitled to get the full amount of principal and interest due. They, therefore filed petitioners under Sections 31 to 33 of Act XL of 1979 to amend the decrees. The trial Court came to the conclusion that when once the decrees are executed or satisfied, the petitioners cannot amend the decrees as per Section 33 of Act XL of 1979, and as the petitioner in C.R.P. No. 1122 of 1980 has executed the decree and realised a sum of Rs. 500 on 21st April, 1979, Rs 300 on 19th June, and Rs. 4,000 on 2nd July, 1979 and the petitioner in C.R.P. No. 1126 of has executed the decree and realised a sum of Rs. 100 in E.A. No. 16 of 1979, and a further sum of Rs. 20) in E.A. No. 54 of 1979, the petitioners are barred from filing the present petitions to amend the decrees by virtue of the provision contained in Section 33(2). Against t





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