SUKHDEV PERSHAD DIED Vs. B KISHANLAL

JUDGEMENT

(1.) These two revisions are being disposed of by a common judgment as they arise out of the same judgment of the trial Court.

(2.) Suit O.S. No.59 of 1958 was filed for accounts. A preliminary decree was passed on 14-11-1958. Against that an appeal was preferred which was dismissed on 16-11-1963. In Supreme Court also the appeal was dismissed on 14-9-1966. Thereafter, the plaintiff filed an application LA. No51 of 1976 for passing of a final decree which was ultimately passed on 17-11-1977. Against this final decree the defendants preferred an appeal C.C.C.A. No.78 of 1978, which was dismissed on 10-3-1987. The E.P. was filed in 1992 but was dismissed qn 16-2-1994. Thereafter, E.P. 15 of 1994 was filed before the Executing Court for executing the decree against the judgment debtors.

(3.) The judgment debtors had contested the E.P. It was contended that the E.P. was not maintainable as it was barred by limitation. Another point raised was that the amount which was deposited or paid by the judgment debtors should first be appropriated towards principal amount and not towards interest.