KARUNA BALA VARSHNEY AND ANOTHER Vs. SHYAM SUNDER

JUDGEMENT

(1.) Heard Sri J.J. Munir, learned counsel for the petitioners and Sri Pankaj Agarwal, learned counsel for the respondents.

(2.) By this writ petition the petitioner is challenging the order dated 26.09.2002 passed in Civil Revision No. 178 of 2000 as well as the order dated 08.11.2000 passed in Execution Case No. 05 of 2000.

(3.) Briefly stated the facts of the case are that the plaintiffs/petitioners filed a Suit No.526 of 1987 before the Court of Civil Judge, Aligarh seeking recovery of a sum of 22,233.60 with pendente lite and future interest. The allegation in the plaint was that a sum of 15,000/- was borrowed by the defendant/respondent from the plaintiffs/petitioners and was to be repaid as loan with interest at 2% per annum. It is stated that there occurred a default when the loan was not paid. The trial court framed issues and after hearing the parties and going through the evidence on record decreed the suit for a sum of 15,000/- together with interest on this amount to be computed at 10% simple interest per annum till the full and final payment was made. Against the judgment and decree of the court below the defendant/respondent filed Appeal No. 99 of 1999 in the court of District Judge, Aligarh, which was dismissed on 29.11.1999. It is stated that thereafter the decree became final between the parties. It is further stated that the plaintiffs/petitioners then initiated execution proceedings by filing an application which was registered as Execution Case No.05 of 2000 claiming interest pendente lite from 16.09.1987 to 16.12.1999 covering the period from the institution of the suit till the date of the decree. The total sum claimed was Rs. 43,424/-. Notices were issued, respondent filed his objection under Order 20, Rule 11 CPC claiming that he be allowed to pay the decretal amount in instalments. The application was registered as Misc. Case No.54 of 2000. The petitioners filed their objection under Section 47 C.P.C. stating that interest claimed in the Execution Application was erroneous and that the application may be allowed as per terms of the decree. This application was registered as Case No.58 of 2000 in the leading Execution Case No.05 of 2000. The Executing Court by its order dated 08.11.2000 dismissed the objection filed by the respondent under Order 20, Rule 11 for permission to pay the decretal amount in instalments. The plaintiffs'/petitioners' objection that they may be allowed to claim interest pendente lite from 16.09.1987 to 16.12.1999 was also rejected. Aggrieved, the plaintiffs/petitioners filed revision before the District Judge being Civil Revision No. 178 of 2000 which was dismissed by the Additional District Judge, Aligarh affirming the order of the Executing Court. Hence the present writ petition.