GEORGE Vs. NEW BANK OF INDIA

JUDGEMENT

(1.) The revision petitioner, who is the judgment debtor in O. S. No. 284/86 of the Sub Court, Kottayam, is aggrieved that the contentions raised by him during enquiry pursuant to the notice under O.21, R.37 of the Code of Civil Procedure regarding un enforceability of the decree were found against and warrant ordered.

(2.) The petitioner contended before the execution court that the decree holder Bank has calculated interest at 19.5 per cent per annum on an agricultural loan availed of by the petitioner; that interest at such rate is inadmissible and that if interest is correctly calculated, it could be seen that the judgment debtor has actually paid more amounts to the Bank than what is actually due.

(3.) The execution court, after hearing parties, found that the validity of the terms of the decree cannot be reopened at the execution stage and that the execution court is bound to execute the same as it is. It was based on the said finding that the direction for issuance of warrant was given.