BENGAL SILK TRADING CO Vs. D S BHALLA

JUDGEMENT

(1.) This is a decree holder's revision feeling aggrieved by an order dated 15.5.87 passed by a executing court directing appropriation of payment made by the judgment debtor as against a decree for recovery of money by way of principal and interest and costs.

(2.) It appears that the decree holder has in his favour a simple money decree, the principal amount wherein carries interest pendente lite payable @ 6% per annum. Decree also directs payment of costs by J.D. to the decree holder.

(3.) The judgment debtor made a payment. The executing court has directed the decree holder to appropriate the payment first in payment of principal and the remaining amount to be adjusted in payment of interest and then towards the costs.