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1915 DIGILAW 432 (MAD)

Puchalapalli Adiseshadri Reddi v. Mungamur Sivaramayya

1915-09-17

S.AIYAR, TYABJI

body1915
JUDGMENT 1. The High Courts preliminary decree superseded the District Courts preliminary decree. An error in the High Courts preliminary decree cannot be corrected by the District Court. The District Court was legally bound to draw up its final decree only in accordance with the High Courts preliminary decree. 2. The District Judge, therefore, rightly refused the application to correct his final decree, which was in accordance with the preliminary decree passed by the High Court. There was, therefore, no ground for interference under Section 115, Civil Procedure Code, with his said order of refusal. We dismiss the Letters Patent Appeal with costs on this ground, though we differ respectfully from the view of the learned Judge whose decision is now under appeal, namely, that there is anything in Order XXXIV, Rule 2, to prevent a Court from providing in its decree for interest on the total amount awarded to the plaintiff because such total includes interest on the bond sued on.