T MUTHU KONE Vs. S S RAMACHANDRAN

JUDGEMENT

(1.) THIS revision is directed against the order of the learned District Munsif, Madurai Taluk, allowing the application of the respondent for paying the decree amount in instalments of Rs.100 per month. The decree amount is shown as Rs.6,335.50. The only contention raised by the learned counsel for the revision petitioner is that the Court has no jurisdiction to order payment of the decree amount in instalments when the decree-holder has not consented to such an order. It is seen from the counter-affidavit filed by the plaintiff before the executing Court that the judgment-debtor is having enough means to pay the decree amount in a lumpsum and that the property of the judgment-debtor has been attached before judgment and execution proceedings are pending. The learned District Munsif however passed an order allowing the application of the judgment-debtor to pay the amount in instalments.

(2.) A reading of Order 20, rules 11(1) and (2), Civil Procedure Code would show that the Court has power to order payment of the amount decreed in instalments when the decree is passed and that it can also pass such an order after the decree on the application of the judgment-debtor, but with the consent of the decree-holder. In other words, it appears that the only Court that has got powers to pass an order granting payment of the decree amount in instalments is the court which passes the decree and not the executing Court. But the executing Court can pass such order only with the consent of the decree-holder. In this case, admittedly consent was not given. The order of the learned District Munsif is therefore vitiated by material irregularity and illegality and has to be set aside and is hereby set aside. The revision is allowed. No costs.