J KRISHNAREDDY Vs. B RAMAGOPALAIAH

JUDGEMENT

(1.) The question that arises for consideration in this civil revision petition is whether the executing Court has power to direct payment of decretal amount by instalments.

(2.) The petitioner herein who is the judgment debtor filed a petition under S.47 C. P. C. for a direction to pay the decretal amount in five equal annual instalments. On an objection raised by the office as to maintainability of the petition, the matter was heard by the learned Subordinate Judge and an order was passed on Feb. 8, 1983 holding that the petition is not maintainable. The learned counsel for the petitioner has referred to the provisions of O.20, R.11, C. P. C. and S.47, r/w S.151, C. P. C. and submitted that an executing Court has got the power to direct payment of decretal amount in instalments and that such an order does not amount to alteration or modification of the decree. O.20, R.11, C. P. C. reads as follows. O.20, R.11.: Decree may direct payment by instalments : (1) Where and in so far, as a decree is for the payment of money, the Court may for any sufficient reason incorporate in the decree after hearing such of the parties who have appeared personally or by pleader at the last hearing, before judgment, an order that payment of the amount decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable. Order, after decree, for payment by instalments. (2) After the passing of any such decree the Court may, on the application of the judgment debtor and with the consent of the decree-holder, order that payment of the amount decreed shall be postponed or shall be made by instalments on such terms as to the payment of interest, the attachment of the property of the judgment debtor, or the taking of security from him, or otherwise, as it thinks fit.

(3.) Sub-rule (2) of R.11 was amended in so far as it is applicable in the State of Andhra Pradesh and for the words, 'with the consent' of the words 'after notice to' are substituted.