ABDUL SALEEM Vs. PALATHINKAL HAMSA

JUDGEMENT

(1.) Short question arising for consideration is whether the executing court is legally justified in passing Ext. P-5 order, which reads as follows, without complying with Order XX, Rule 11 of the Code of Civil Procedure, 1908 ("CPC" for short).

(2.) Now the relevant facts: The petitioner is the plaintiff in a suit for specific performance of a contract. Later, he limited his claim for recovery of money only. The suit was decreed for a sum of Rs. 10,60,000. Ext. P-1 is the decree. Tenor of the decree is that the amount is to be paid in lump. The respondent/defendant preferred an appeal before this Court. That appeal was rejected for non-payment of court fee, as per Ext. P-2 judgment. Ext. P-3 is the execution petition filed before the lower court for sale of the properties belonging to the respondent for realisation of the decree amount. In that matter, the impugned order happened to be passed.

(3.) The legal question arising for the determination is whether the court below is justified in allowing the defendant/respondent to pay the decree amount in installments without taking legal recourse