CHATTI NARASIMHAMURTI Vs. NARAYANASETTI JAGANNAIKULU

JUDGEMENT

(1.) The short question that arises in this revision application is whether interest at the contract rate provided in the mortgage deed could be awarded in regard to the amount for which a personal decree is passed under Order XXXIV, Rule 6 C. P. C.

(2.) As the answer to this question is not to be made only on the legal principles applicable to the passing of the personal decree but the procedure adopted by the petitioners in seeking their remedy has a hearing on the ultimate decision of this question, a few facts need be stated : O. S. No. 61 of 1954 on the file of the Subordinate Judge of Srika-kulam, was filed on a simple mortgage bond and the preliminary and final decrees were also obtained I. A. No. 132 of 1957 was filed for passing a personal decree against the mortgagors, as in execution of the mortgage decree the mortgage security was also exhausted. The personal decree was passed on 26-9-1957 specifying the interest on the amount so due at 18 per cent per annum. As against this personal decree no appeal seems to have been preferred by the present petitioners; and that they did not intend to do so is also clear from the affidavit filed by the 1st petitioner in support of I.A. No. 341 of 1957 which the petitioners filed under Sections 151, 152 and 153 C. P. C. against which the present revision application has been filed.

(3.) I. A. No. 341 of 1957 has been dismissed on the main ground that this question of interest was raised and already decided against the defendants in I.A. No. 132/57 and it cannot therefore be considered over again. The present revision petition seeks therefore to revise that order so that the petitioners may have the benefit of having to pay only the legal interest that is awardable in personal decrees.