SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1990 Supreme(Mad) 800

SRINIVASAN
P. Jayarama Pillai – Appellant
Versus
Union Bank of India rep. by its Branch Manager, Chettupattur, North Arcot District and Another – Respondent


Advocates:
T.R.Rajagopalan, for Petitioner. M.S.Kandasamy, for Respondent No.1. N.Muthusamy, Government Advocate, for Respondent No.2.

Judgment :

There is no merit in this revision petition. The short facts are these: The respondents filed a suit for recovery of money due on an equitable mortgage. A decree was passed on 12. 1981. Though as per the judgment a preliminary decree under the provisions of 0.34, C.P.C., was passed, the decree actually drafted by the Court was only for payment of money. It read only as money decree and the necessary provision which should be included in a decree under (5.34 were not found therein. The decree-holders filed an application for passing of a final decree in 1986 along with an application under Sec.5 of the Limitation Act for condoning the delay in filing the application to pass a final decree. Seeing that there was no decree in accordance with 0.34, C.P.C., the application was not passed.

2. Thereafter the Court suo motu amended the decree and brought it in consonance with the judgment. Thus a proper decree under 0.34 was passed. That was done only on 17. 1986. The decree-holders filed I.A.No.509 of 1988 for passing a final decree in accordance with the preliminary decree.

3. The petitioner herein contested the same on the ground that he did not have any notice before the de








Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top