INDIAN BANK Vs. MAHANT ENTERPRISES

JUDGEMENT

(1.) Defendant No. 2 has filed this application under Rule 5(1)of Order XXXIV read with Section 151, CPC, inter alia, alleging that the plaintiffsfiled suit for recovery of Rs. 1,91,595.51P. against the defendants under theprovisions of Order XXXIV, Civil Procedure Code and the suit was disposed of by the judgmentdated 8/07/1993. Feeling aggrieved, plaintiff filed appeal being RFA (OS) No. 4/1994 before the Division Bench limited to the question of award of interest pendentelite and future 13.5% per annum. Defendants have paid the entire decretal amountalongwith interest and costs as per the said Judgment dated 8/07/1993 within thestipulated time. It was prayed that the plaintiffs be directed to deliver the documents of title referred to in the preliminary decree to defendant No. 2.

(2.) In the reply plaintiff has alleged that the defendants are not entitled to getback the titled deeds of the mortgaged property till the question of payment ofpendente lite. and future interest at the enchanced rate is not decided in RFA (OS) No.4/1994. However, it is not denied that the defendants have made the payment ofthe decretal amount a long with interest and the costs as per the judgment dated 8/07/1993 within the stipulated period.

(3.) Contention advanced by Mr. B.R.Narang appearing for the plaintiff-Bankwas that the appeal is the continuation of suit, therefore, till the appeal filed oninterest point by the plaintiff is not decided, the defendants cannot be returned ofthe title deeds. Last para of the aforesaid judgment dated 8/07/1993, which isrelevant for deciding the controversy at hand runs as under :