1. In this revision under section 115 of the Code of Civil Procedure filed by the decree holder, a short but intricate point of law has been raised.

2. The factual background may first be given: The applicant/bank obtained a decree on the basis of mortgage against the non-applicant/judgment-debtor in the sum of Rs. 41,286.04 being the principal amount of loan with interest pendente lite and future interest at contractual rate of 16% per annum.

3. The operative part of the decree, which is relevant for deciding the contentions advanced by the parties, reads as under:

"the defendant shall pay to the plaintiff a sum of Rs. 41,286,04p. together with the interest pendente lite and future at the contractual rate of 18% per annum with half yearly rest till full recovery." (Underlining for emphasis)

4. In execution of the decree, the property attached was put to sale by auction on 15.4.1991. The highest bidder deposited 1/4th of the amount on spot and deposited remaining amount of the bid money on 30.4.1991, which was deposited in civil Court deposit.

5. Several objections were filed to the sale by third parties. The objections were overruled and the litigation went upto Supreme Co