1951 (9) TMI 46

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....try, Advs. ORDER Basheer Ahmed Sayeed, J. 1. The point that arises for consideration in this civil revision petition is whether the learned Subordinate Judge was right in having declined to amend the decree and judgment in order to provide for the payment of interest on the unpaid purchase money directed to be paid by the plaintiff to the 1st defendant. The judgment as well as the decree ....

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....ioner was entitled to have recourse to in order to get this omission rectified. He should have, in the first instance, preferred either a review or an appeal against the Judgment and decree which failed to provide for interest on the unpaid purchase money which he was entitled to under Section 55(4) of the T. P. Act. He did not choose to do so and he allowed nearly 4 or 5 years to elapse before he....

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.... the Civil P. C. would be that the learned Judge who passed the Judgment and decree did not think it fit or proper to award interest on the unpaid purchase money. However, that be, in so far as the decree is not at variance with the Judgment and in so far as the learned counsel for the petitioner has not approached the Court by way of a review or even by way of an appeal to set right the omission ....