ORDER

1. Heard Mr. M. Saikia, learned counsel for the petitioner. Also heard Ms. P. Talukdar, learned counsel for the respondent.

2. This application under Article 227 of the Constitution of India, read with Section 151 of the Code of Civil Procedure, 1908, has been filed by the applicant/judgment debtor, impugning the order dated 08.07.2022 passed by the learned Munsiff No. 1, Kamrup (M) in Money Execution Case No. 12/2021, whereby the prayer of the applicant/judgment debtor for allowing the payment of decretal amount in instalment was rejected.

3. Learned counsel for the petitioner has submitted that the respondent had filed a Money Suit against the present petitioner before the Court of learned Munsiff No. 1, Kamrup (M), for realization of an amount of Rs. 1,60,000/-.

4. The said money suit was registered as Money Suit No.

783/2009. The present petitioner contested the suit by filing the written statement and adduced the evidence.

5. However, by the judgment dated 30.06.2014 passed in Money Suit No. 783/2009, the suit was decreed and the present petitioner was directed to pay an amount of Rs. 1,60,000/- to the respondent along with an interest at the rate of 14% per annum from the date of filing of the suit till final realization of the decretal amount.

6. Being aggrieved by the aforesaid judgment and decree, the present petitioner preferred an appeal before the Court of learned Civil Judge, Kamrup (M). The said appeal was registered as Money Appeal No. 05/2014.

7. However, by the judgment dated 15.09.2021 passed in Money Appeal No. 05/2014, the said appeal was dismissed and the judgment of the Trial Court was affirmed.

8. Thereafter, the respondent/decree holder filed a Money Execution Case before the Executing Court, which was registered as Money Execution Case No. 12/2021.

9. Learned counsel for the petitioner has submitted that the amount due from the present petitioner/judgment debtor has been computed at the time of filing of this Revision Petition as Rs. 4,45,468/- including the principal amount of Rs.1,60,000/- as well as the interest due thereon at the rate of 14% per annum as directed by the judgment of the Trial Court.

10. Learned counsel for the petitioner has submitted that the petitioner is a Sub-Inspector working in Assam Police Radio Organization and he has taken one car loan from the Mahindra Finance and another term loan from the State Bank of India and he had to pay the EMI for the aforesaid loans to the tune of Rs. 31,828/- and Rs. 10,190/- respectively which leaves only an amount of Rs. 25,886/- in his hand after paying of the EMI of the said loan. Hence, he approached the Executing Court for allowing him to pay the decretal amount in instalments.

11. However, by the order impugned in this Civil Revision, the Executing Court had dismissed his application for payment of decretal amount in instalments.

12. Learned counsel for the petitioner has submitted that considering the financial condition of the present petitioner and considering the fact that he has two loans where he had to pay monthly installment to the banks, he is not in a position to pay the decretal amount at one go and therefore, he had approached the Executing Court for allowing him to pay the decretal amount in installments.

13. It is submitted by learned counsel for the petitioner that there is no bar in the Code of Civil Procedure, 1908 for Executing Court to allow payment of decretal amount in installment. He has also submitted that considering the circumstances in which the petitioner is presently situated, the Executing Court ought to have exercised its inherent powers under Section 151 of the Code of Civil Procedure, 1908 by allowing the prayer of the petitioner.

14. Learned counsel for the petitioner has also submitted that by dismissing the prayer of the petitioner for paying the decretal amount in installments, the decretal Court has caused injustice to the petitioner and therefore, he prays that this Court should interfere in the impugned orde