VINAYAK YESHWANT LAD Vs. SHRIKISHAN CHANDMAL FIRM

JUDGEMENT

(1.) THIS first appeal arises out of execution proceedings and is filed by the judgment -debtor against an order of District Judge, Indore, in civil execution case No. 30/1950, passed on 16 -2 -1951.

(2.) THE short facts of the case are that out of a sum of Rs. 20,000/ -, the judgment -debtor deposited Rs. 12000/ - in the court, but he failed to give notice to the decree -holder according to O. 21 R. 1(2), Civil P. C. It is admitted that interest was awarded by the decree on the decretal amount. The question for determination, in the circumstances is whether interest on the amount of Rs. 12000/ - ceases from the date of its deposit in court or not?

(3.) THE learned counsel for the appellant argues that decretal amount paid into the court is tantamount to payment to the decree -holder and as such interest must cease from the date of its deposit in the court. He has cited - - 'Laxmi Narayan Ganeshdas v. Ghasiram Dalchand',, AIR 1939 Nag 191 (A), in support of his contention.