STATE OF ANDHRA Vs. PENUMECHA SOMARAJU

JUDGEMENT

(1.) These appeals raise a question bearing on the interpretation of Section 82 of the Code of Civil Proce- dure. The suits out of which these appeals arise were filed against the appellant i. e., the then Government of Madras represented by the District Collector of East Godavary for a refund of surcharge amounts levied from the Government. While all suits were decreed no time for satisfaction of the decrees was specified in them. Since the decrees were not discharged, the decreholders filed execution petitions. The executing court in accordance with the terms of Section 82 reported the case for the orders of the State Government Within a short space of time, the judgment-debtor deposited the decretal amount including costs of suits but not costs of the execution petitions. Later on, the decree-holders filed the present execution petitions for costs of the E. Ps.

(2.) These were resisted by the Government i. e. the appellant on the objection that they were not entitled to the costs of the E. Ps. since at the relevant time the decrees were not executable. This objection was negatived by the trial court and costs were awarded to the respondents as claimed by them.

(3.) The question to be determined in these appeals filed by the aggrieved defendant is whether the respondent can make any claim in regard to execution costs in the circumstances indicated above. This in its turn depends upon the interpretation of Section 82 of tie Code of Civil Procedure. As it stood prior to the amendment by Article 66 of 1956, that section recited: