M/S. NIMODIA PLANTATION & INDUSTRIES LTD & OTHERS Vs. ASSAM CO

JUDGEMENT

(1.) This revision petition arises from an order of the Assistant District Judge (1) at Guwahati made on 26.9.86 in TS No. 15 of 1985.

(2.) Facts,- On 2.7.86, the Assistant District Judge passed a judgment against defendants 8 and 9 giving the plaintiff a decree for a sum of Rs. 45 lakhs under Order 12 Rule 6, CPC. The judgment dated 2.7.86 was silent about the interest and costs. But the trial Court made an order on 26.9.16 altering or amending the judgment to the effect that "in the decree passed against the defendants 8 and 9 on admission, the costs and interest at 18% will be included". After the amendment of the judgment the decree reads :

(3.) Mr. BK Goswami, learned counsel for the petitioners, has challenged the jurisdiction of trial Court to amend or alter the judgment and/or decree. Mr. JN Sarma, learned counsel for the opposite party, has contended that under sections 151 and 152, CPC, the Court has jurisdiction to amend the judgment and that the omission to include interest and costs is clerical mistake arising from accidental slip or omission. 3A. The question which requires for our consideration is whether the trial Court had jurisdiction to amend or alter the judgment so as to include interest and costs which are not in the original judgment.