M.M. Kumar, J. - This petition filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity the Code) prays for quashing order dated 8.8.2003 passed by the Civil Judge (Jr. Division), Chandigarh dismissing the application of the plaintiff-petitioner for amendment of the decree dated 30.10.1998 passed by the then Sub Judge Ist Class, Chandigarh. In the application, the prayer made is for amendment of the judgment and decree dated 30.10.1998 by changing the simple money decree into a decree under Order 34 of the Code.

2. Brief facts of the case are that the plaintiff-petitioner had filed a suit for recovery of Rs. 2,35,740.40 with future interest @ 19 per cent p.a. with quarterly rest by sale of mortgaged property. As the loan was advanced at Jullunder, an objection with regard to the jurisdiction of the Courts at Chandigarh was raised which has been decided in favour of the plaintiff- petitioner on the ground that the mortgaged property is situated at Chandigarh. The Civil Judge passed a simple money decree vide its judgment and decree dated 30.10.1998. Thereafter an application was filed being Misc. No. 6 of 10.6.1999 for changing the nature of the decree from