R.N. GUPTA Vs. HARISH UPPAL AND ANOTHER

JUDGEMENT

(1.) R.N. Gupta, the judgment debtor' has brought this appeal against the order of the Addl. District Judge dated Feb. 7, 1986 directing his detention in civil prison in execution of a money decree.

(2.) On March 19, 1984 Harish Uppal, respondent No. 1, brought a suit for recovery of Rs 57,190 48 (Rs. 45,535.60 as principle, Rs. 11,476-58 towards interest and Rs. 178.30 as bank charges) against M/s. Bharat Carpets Ltd. and R.N. Gupta on the basis of Hundies. Along with the suit he filed an application under order 2 Rule 2(3) of the Code of Civil Procedure seeking permission to sue for the amount due under some other direct transactions. The parties settled the dispute and made a joint application dated May 16,1984 for recording the compromise and deposing of the suit accordingly. Under the compromise the appellant R.N. Gupta and Bharat Carpets Ltd. admitted that a sum of Rs. 69,000.00 was payable to the plaintiff/respondent as principle amount and agreed to pay the same by instalments with 20% interest from the date specified in the compromise petition. For the principle amount 15 post-dated cheques were issued. Interest was to be paid before June 30, 1987. In case of default the amount found due was to become recoverable forthwith with costs and future interest- A decree in terms of this compromise was made by the Addl. District Judge on July 9, 1984.

(3.) The judgment debtor paid Rs. 23,000.00 the amount of first six post-dated cheques. The next cheque for Rs. 4000.00 was to be paid on or before 15.4.198 3. This amount was not paid and consequently relying on the default clause, the decree holder on May 13, 1985 filed an execution application for the recovery of Rs. 79,000.00 besides Rs. 5149-60 towards costs (surprisingly the amount of costs had not been calculated in the decree-sheet and it was calculated by the decree holder himself). Execution of the decree was sought by the attachment of move-able properties and salary, income etc. of R.N. Gupta.