SULEMAN KANHA JATOO Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) PRESENT revision application is arising out of judgment and order dated 4-1-2000 passed by Second Joint Civil judge; Junior Division, Kelapur, passed in execution petition R. D. No. 34/1996 filed by the judgment debtor. In response to the show cause notice, the judgment debtor filed objection, which has been decided partly in favour of the judgment debtor, who is aggrieved by the said order and is before this court in the present revision application.

(2.) THE brief facts are that, the respondent/original plaintiff had filed Reg. Civil Suit No. 64/83 which was decided by judgment and order dated 14th March, 1984. The operative order contemplated the payment of suit amount in four installments, first installment commencing from 15th April, 1984, and the amount to carry interest at the rate of 18%. The judgment debtor failed to pay the very first installment and the decree holder waited for long time and ultimately filed the execution. The objection to the execution as can be precisely stated is that the first installment was due on 15-4-1984 and the execution proceeding was filed on 16-8-1996, which was clearly beyond 12 years and was delayed by 4 months and therefore, execution was barred by limitation. According to the decree holder, though the decree was for payment of amount by four installments and empowering the decree holder to execute the decree at once in the event of the judgment debtor fails to pay even a single installment equally enables the decree holder to prefer to execute the decree towards each of the installments or execute entire decree. The decree holder thus filed execution petition and sought recovery of entire amount.

(3.) THE learned Trial Judge examined the case and found that first installment was due on 15-4-1984, and claim for execution thereof i. e. first installment was beyond limitation and therefore, directed that the execution petition shall proceed excluding the said first installment.