- (1.) This petition assails the order dated 05.10.2007 (Annexure P-1) passed by the Civil Judge (JD), Tarn Taran and order dated 01.09.2009 (Annexure P-3) passed by the Additional District Judge, Fast Track Court (Adhoc) Tarn Taran and for restoration of the judgment and decree dated 21.07.2009 (Annexure P-2) passed by the Additional District Judge, Tarn Taran.
(2.) Vide judgment and decree dated 21.10.1986, recovery of Rs. 98,319.30 paise with no interest was awarded against the defendant/respondent. No appeal has been filed against the said judgment. The petitioner on coming to know that no future interest was awarded, filed an application under section 152 CPC for the correction of judgment and decree to incorporate the relief of future interest in judgment and decree dated 21.10.1986. The learned trial court vide its order dated 5.10.2007 dismissed the application. A copy of order is attached to this petition as Annexure P-1. Thereafter under bonafide impression that the said order was appealable, the petitioner/plaintiff-bank preferred appeal against that order dated 5.10.2007 before the learned Additional District Judge, Tarn Taran alongwith application under Section 5 of the Limitation Act. Vide judgment and decree dated 21.07.2009 (copy Annexure P-2) the learned Addl. District Judge, Tarn Taran held that the non-granting of future interest was arithmetical/clerical mistake and as such awarded future interest to the bank.
(3.) That thereafter, an application under Order 41 Rule 21 CPC read with section 114 of CPC was filed by the respondents for seeking review of judgment and decree dated 21.07.2009. The learned Additional District Judge partly accepted the review petition and again held that petitioner-plaintiff/bank was not entitled to any interest on the suit amount i.e. Rs. 98319.30 paise.;