- (1.)Special leave granted. In the instant case, the appellant had filed a suit for recovery of money which included interest at the agreed contractual rate.
(2.)By judgment dated 29th September, 1997, the suit was decreed as follows :
"Keeping in view the above discussion and reasons set out of the foregoing issues, suit of the plaintiff succeeds and is hereby decreed with costs with effect that Plaintiff-bank is entitled to recover the suit amount of Rs. 1,11,647/- (Rs. One Lac Eleven Thousand Six Hundred Fortyseven only) at the agreed rate of interest. It is also ordered that the Plaintiff-bank shall be entitled to get the agreed rate of interest on the suit amount from the date of decree till the date of realisation of the decretal amount. The Defendants are directed to make the payment of the suit amount to the Defendants within six months from the date of this judgment and after that the Plaintiff-bank shall be at liberty to seek the legal remedy for the recovery of the suit amount by sale of hypothecated and mortgaged property by Defendants in favour of the Plaintiff-bank. Decree Sheet be prepared accordingly and file be consigned to the record room after due compliance."

(3.)After the decree was drawn up, an application was filed on 8th October, 1997 by the appellant before the Court contending that there had been a typographical mistake and the words "from the date of decree" occurring in the judgment should be substituted by the words "from the date of institution of the suit" in so far as they were to relate to the date from which interest was payable. The same trial Judge by order dated 13th November, 1997 accepted that there was a typographical error and the interest was to be from the date of institution of the suit and not from the date of decree. He allowed the application of the appellant and directed the correction of the judgment with the result that the same was to read as follows :
"Keeping in view the above discussion and reasons set out of the foregoing issues, suit of the plaintiff succeeds and is hereby decreed with costs with effect that plaintiff-bank is entitled to recover the suit amount of Rs. 1,11,647/- (one lac eleven thousand six hundred forty seven only) at the agreed rate of interest. It is also ordered that the plaintiff-bank shall be entitled to get the agreed rate of interest on the suit amount from the date of institution of the suit till the realisation of the decretal amount. The defendants are directed to make the payment of the suit amount to the defendants within six months from the date of this judgment and after that the plaintiff-bank shall be at liberty to seek the legal remedy for recovery of the suit amount by sale of hypothecated/mortgaged property by defendants in favour of the plaintiff-bank. Decree sheet be prepared accordingly. File be consigned to record room."