THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2579 OF 2009 ORDER: This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, (for short, “C.P.C.”) is filed against the order, dated, 20.02.2009, in I.A.No.921 of 2008 in O.S.No.248 of 2007, on the file of I Additional Senior Civil Judge, Pottisreeramulu Nellore, whereunder and whereby, the petition, under Sections 151 C.P.C. and 21 of General Clauses Act, 1897, for grant of contract rate of interest in the decree and to correct the same in the decree and judgment, dated 19.08.2008, in O.S.No.248 of 2007 on the file of the said Court, was allowed. 2. Learned counsel for the petitioner/defendant contended that the inherent powers under Section 151 C.P.C. cannot be invoked in view of the fact that other provisions are available with regard to filing of the appeal, and if the respondent/plaintiff really aggrieved by the judgment with regard to non - granting of interest at the rate of 18% per annum the remedy is to file an appeal and therefore, the impugned order is unsustainable. 3. On the other hand, learned counsel for the respondent/plaintiff contended that as per the recitals in the Promissory Note, the revision petitioner undertook to pay the amount covered under the Promissory Note with interest at the rate of 18% per annum and that on a wrong and incorrect premise the trial Court has given a perverse finding to the effect that the petitioner was an agriculturist. 4. The Original Suit is filed for recovery of money basing upon a Promissory Note, dated 25.11.2004, said to have been executed by the petitioner herein in favour of the respondent herein. The petitioner/defendant did not come to the witness box and state that he is an agriculturist. On a wrong premise, the trial Court has given a finding in the suit that the petitioner was an agriculturist and therefore, the interest claimed by the respondent/plaintiff is excessive. There is no basis at all to arrive at a conclusion in the suit that the petitioner was an agriculturist by the date of filing of the suit. When the petitioner himself has not come into the witness box and stated that he is an agriculturist, he is not entitled to request for scaling down of the interest. The trial Court ought not have given such a finding in the absence of evidence. Even though the petitioner could not come to the witness box, at the same time, he can as well show in the evidence that he was an agriculturist. But, there is no evidence elicited in this regard from the evidence of plaintiff. From the evidence of PW.1 it is clear that the petitioner is not an agriculturist. Therefore, scaling down of interest from 18% to 12½% per annum is unsustainable. Invoking the inherent powers under Section 151 C.P.C., is not permissible for the Court to correct the rate of interest granted. 5. Under Order XLVII Rule 1 C.P.C., application for review of the judgment is permissible to the extent indicated therein. When there is an error apparent on the face of record, review of judgment can be ordered, provided no appeal is filed. Admittedly, no appeal is filed. Though the petition is filed in the trial Court under Section 151 C.P.C., the same can be treated as an application filed under Order XLVII Rule 1 C.P.C. Error apparent on the face of record is that there is no evidence to show that petitioner is an agriculturist. When the petitioner is not an agriculturist, scaling down of interest contrary to the suit Promissory Note is not permissible. 6. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J October 05, 2010 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FIFTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2579 OF 2009 Between: Adapala Vijayakumar Reddy ..... PETITIONER AND Yeddula Chandra Sekhar Reddy ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2579 OF 2009 October 05, 2010