G.C. Mital, J. - (1.) UNION Bank of India filed a suit against Siripal Nirwania and others and the bank paid court fee of Rs. 3870/. The Defendants took up one of the objections that court fee of Rs. 100/ - was required and the Plaintiff had paid excess. That suit was ultimately decided by judgment dated 3rd November, 1983, in which a definite finding was given by the trial Court that court fee of Rs. 100/ - was required. On merits finding was recorded against the Defendants and suit was decreed. The Defendants were burdened with costs of the Plaintiff. In the decree sheet Rs. 3870/ - were shown towards the court fee instead of Rs. 100/ -.
(2.) WHEN the bank took out the execution to recover the decretal amount and costs shown in the decree sheet, the judgment debtors filed objections. They also filed an application for amendment of the decree so show Rs. 100/ -as the court fee instead of Rs. 3870/ -. Probably, their counsel committed a mistake. Instead of applying for correction of the decree under Section 152 of the C. P. C. words 'review of the decree' were mentioned in the heading of application. The Court below rejected it by order dated 11th March, 1986. The objections were also dismissed by the same order. One of the Defendants has filed a composite revision. After hearing the learned Counsel for the parties, I am of the view that it is a fit case in which the decree of the trial court deserves to be corrected. One is not to go by the label of the application where it was shown as review. The real purpose of relief which was sought for, should have been looked into by the Court below. From the facts, which were brought to the notice of the Court, it was clear that they wanted correction of the decree for showing Rs. 100/ - in place of Rs. 3870/ -. On the facts stated above, this amendment in the decree should have been allowed Accordingly, I allow this revision and order that the decree should be corrected so as to substitute Rs. 100/ - in place of court fee of Rs. 3870/ -.
(3.) IN view of the aforesaid order, the Bank would be at liberty to move the trial Court afresh for refund of the excess court fee i.e. court fee beyond Rs. 100/ -. The court shall consider this matter irrespective of the earlier order, if any, passed against the Bank in view of the changed circumstances.;