MOHAN SINGH Vs. ROSHAN LAL

JUDGEMENT

(1.) The decree-holder has approached this Court under Section 151, Civil Procedure Code. His application so far as material may be reproduced in extenso: "The respondent decree-holder respectfully prays as under: 1. That in the aforesaid R.F.A. No. 21 of 1967 this Hon'ble Court consisting of Hon'ble Mr. Justice S. N. Shankar and Hon'ble Mr. Justice Jagjit Singh in its judgment dated 30th August, 1968 was pleased to hold that the respondent decree-holder was entitled to recover the amount of Rs. 5,08,333-5-6 plus interest upto 7th April, 1961. Costs awarded by the Pakistan Court, Costs awarded by the Trial Court at Simla and interest on principal amount from 8th April. 1961 till realization, amounting to a total of Rs. 10,92,318-37 calculated upto 8-9-1968. It was further directed in the judgment and decree that the respondent/Decree-Holder is entitled to take out immediate execution for the recovery of the decretal amount as mentioned above less. deposit amount of Rupees Three Lacs with a proviso that if within three years from the date of this order no payment is received by him out of or from the Deposit amount he will be entitled to sue tor execution for the recovery of the unpaid decretal amount then due to him. 2. That the Decree-Holder feels that it would be difficult for him to realise the amount of Rupees three lacs lying In deposit in the High Court of West Pakistan from the legal representatives of Late Rai Bahadur Jodha Mal the original defendant. 3. It is, therefore, fit and proper in the circumstances as mentioned above that the Judgment-Debtor/Appellant be directed to furnish a Cash Security or a Bank Guarantee to the satisfaction of this Hon'ble Court so that there is no difficulty tor the respondent/Decree-Holder to realise the aforesaid amount of Rupees Three Lacs if the same is not received by the Decree-Holder within the stipulated period. 4. This is without prejudice to the right of the Decree-Holder respondent to take any other appropriate action arising out of the judgment of this Hon'ble Court. 5. It is, therefore, prayed that your Lordships may be pleased to direct the Judgment-Debtor/Appellant to furnish cash security or a Bank Guarantee for Rs. 3 Lacs to the satisfaction of this Hon'ble Court. Any other orders or directions that your Lordships may deem fit and proper under the circumstances of this case may be passed."

(2.) This matter originally came up before learned Single Judges of this Court more than once. On the last occasion my learned brother P. N. Khanna, J. referred the matter to a larger Bench because it was suggested (the suggestion is also repeated before us) that the prayer in this petition virtually amounts to the amendment of the decree. It is for this reason that the matter was placed before a Division Bench.

(3.) The relevant part of the Judgment of the Division Bench of this Court dated August 30, 1968, which judgment and decree is the subject-matter of appeal in the Supreme Court by both parties on a grant of a certificate, reads as under: "We, accordingly, hold that the plaintif is entitled to recover the aforementioned amounts and future interest out of the assets of the deceased R. B. Jodha Mal and the appellants will be liable to pay the same to that extent only. As stated earlier, he (Rai Bahadur Mohan Singh Oberoi) will be entitled to take out immediate execution only for the recovery of the decretal amount less the deposit amount of rupees three lacs with a proviso that if within three years from the date of this order no payment is received by him out of or from the deposit amount, he will be entitled to sue out execution for the recovery of the unpaid decretal amount then due to him."