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1991 Supreme(MP) 245

B.C.VARMA
STATE BANK OF INDIA, BRANCH SATNA – Appellant
Versus
PLASTICHEM, SATNA – Respondent


Advocates Appeared:
M.L.JAISWAL, R.P.PANDEY

B. C. VARMA, J.

( 1 ) ON 13-2-1984, a money-decree was passed in favour of the applicant-bank and against the non-applicant directing the non-applicant to pay the applicant-bank a sum of Rs. 6,37,000 and odd together with interest. The non-applicant has filed an appeal against that decree before this Court. Application to stay execution of the decree filed in that appeal has since been dismissed. The appeal is pending adjudication. The applicant, therefore, filed an application before the trial Court to execute the decree. On 14-9-1987, the non-applicant/judgment-debtor made an application under Order 20, Rule 11, Code of Civil Procedure for facility for payment of the decretal sum in easy instalments of Rs. 25,000/- per year. An application was also made for condonation of delay in filing the application under Order 20, Rule 11, Code of Civil Procedure. It was supported by an affidavit. The averments in that application are that earlier the non-applicant had approached the local counsel at Satna to file an application for permission to pay the decretal amount by instalments. The counsel is said to have advised the non-applicant/ judgment-debtor that as and when the decree was put t









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