SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1990 Supreme(P&H) 884

I.S.TIWANA
Taria Alias Tara Chard – Appellant
Versus
Amar Singh – Respondent


Judgment

1. The petitioner impugns the order of the executing Court, dated 24/04/1990, whereby his petition u/S.47 of the Code of Civil Procedure, for nullifying the decree sought to be executed against him was dismissed.

2. Concededly, he suffered a money decree in favour of the respondent and the relevant operative part of the same is reproduced as under : "This suit is coming on 18-7-1988 for final disposal before me (Sh. R.K. Bishnoi, HCS, Sub Judge, Ist Class, Dadri), in the presence of Sh. Mange Ram, Advocate, counsel for the defendant. It is ordered that the suit of the plaintiff succeeds and is decreed with costs. A decree for a sum of Rs. 5564.00 is passed in favour of the plaintiff and against the defendants with interest at the rate of Rs. 1.5% per month from the date of the filing of suit till the date of actual realisation. " The Court has held that the decree is not violative of S.34 of the Code of Civil Procedure, in any manner, and proceeded to execute it.

3. Mr. Rathore, appearing for the petitioner, contends rather vehemently that in the light of the clear language of S.34, Code of Civil Procedure, providing that no further interest subsequent to the passing of the



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top