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1987 Supreme(Ker) 335

PADMANABHAN
VELAYUDHAN NAIR – Appellant
Versus
KERALA K. Y. KURIES (p) LTD. – Respondent


Judgment :-

1. The suit is for money due under a chitty security bond. Defendant contested the suit by filing written statement. But before settlement of issues he withdrew all his contentions and admitted the plaint claim. The court passed a preliminary decree for sale under 0.34 R.4 of the Code of Civil Procedure in the following terms. (1) There will be a preliminary decree for sale in case the entire amount is not paid within six months. (2) If the entire amount is paid within six months and the defendant applies for full satisfaction of the decree within the said period without necessitating further investigation in a final decree proceedings plaintiff will be entitled to refund of one half court fee. In such a contingency costs will not include one half court-fee which will be refunded to plaintiff. Otherwise there will be no refund and plaintiff will get full costs. (3) Plaintiff will be at liberty to apply for a final decree for sale in case defendant fails to pay the amount within six months. In that event there will be no refund of court fee. Application for refund could be made only if the decree is satisfied within six months. Decree was drafted in terms of the judgment







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