IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 WP(C).No. 3356 of 2008(Y) ------------------------------------- OS.1004/2001 of PRL.MUNSIFF COURT,THRISSUR ............................................. PETITIONERS -------------------- 1. DAVIS, S/O.PINDIYAN KOCHAOUSEPH, VARANDRAPPILLY VILLAGE, PALLIKKUNNU DESOM, MUKUNDAPURAM TALUK. 2. SHEELA JOSEPH, W/O.PINDIYAN DAVIS, VARANDRAPPILLY VILLAGE, PALLIKKUNNU DESOM, MUKUNDAPURAM TALUK. 3. M.K.DAVIS, S/O.MURINGATHUPARAMBIL, KOCHUVAREED, VARANDRAPPILLY VILLAGE, PALLIKKUNNU DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) SRI.VINOD RAVINDRANATH RESPONDENTS: ---------------------- SIVAPURI KURIES & LOANS (P) LTD., HAD OFFICE AT THRISSUR VILLAGE, SHORANUR ROAD, THRISSUR TALUK, P.O.THRISSUR, BRANCH:FARIDABAD, REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR. BY ADV. SRI. T. KRISHNAN UNNI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 3356 OF 2008 = = = = = = = = = = = = = = = Dated this the 29th day of January, 2008. J U D G M E N T This writ petition is filed against the order of the learned Munsiff, Thrissur in I.A.910/07 in O.S.1004/01. It is an application to amend the judgment and decree. It is a decree made on admission. The Court below granted a decree in favour of the plaintiff granting the contract rate of interest till the date of decree and thereafter at the rate of 6% from the date of decree till realisation. 2. The amendment application is filed contending that the said decree is in violation of the order of the Apex Court in Central Bank of India v. Ravindra (2002 (1) KLT 743). As far as the amendment is concerned under Sections 152 and 153 of CPC it must be an arithmetical or clerical error or an accidental mistake or omission. But the amendment sought in this case does not come under any of these categories. Therefore the appropriate remedy for the W.P.C 3356 OF 2008 -:2:- party is not by way of an amendment application but it is only by way of some other remedy which is known to law and therefore I do not find any mistake committed by the learned Munsiff and hence the writ petition is dismissed. M.N. KRISHNAN, JUDGE. ul/-