B V BASAVARAJ Vs. N R CHANDRAN

JUDGEMENT

(1.) THIS revision petition arises from the judgment and order dated 12- 10-1995 whereby the learned xv additional city civil judge, Bangalore, rejected the petitioner's application under Section 47 read with order 21, Rule 2 of Civil Procedure Code and Section 74 of the Contract Act. The judgment-debtor/revision petitioner prayed regarding mode of calculation of the arrears under the decree and to hold that the order of payment, to pay interest at the rate of 18% p. a. is unreasonable and it may be reduced in the light of Section 74 of the Contract Act.

(2.) THE facts of the case are, that in regular suit No. 1627 of 1983 (N. R. Chandran v B. V. Basavaraj) a compromise decree was passed in terms of compromise entered into between the parties. It may be quoted herewith as under:

(3.) IN course of execution proceedings, as mentioned earlier, petitioner filed an application under Section 47 read with order 21, Rule 2 and read with Section 74 of the Contract Act for calculation of the arrears of the decree and to order that the direction to pay interest at the rate of 18% p. a. is unreasonable and to reduce the same. The trial court considered the matter and held that the relief i. e. , the claim made in the application tantamounts to ask the execution court to go behind the decree passed in the suit and it rejected the application. Therefore, the defendant/judgment-debtor has come up by way of revision under Section 115 of the Civil Procedure Code.