RAMBETI JAIN Vs. MEENA DEVI TOMAR

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution is directed against the order dated 17.10.2012, whereby the petitioner/judgment debtor's application preferred under Section 151 C.P.C. (Annexure P-3) is decided by the Court below. This is admitted between the parties that a judgment and decree was passed on 15.10.2010 (Annexure P-2). Since it was not implemented, the decree holder filed execution proceedings in the year 2012. In the execution proceedings, the present petitioners filed application under Section 151 C.P.C. (Annexure P-3) by praying that small installments be fixed so that the decreed amount can be satisfied by the judgment debtors. On the said application the Court below passed the order dated 17.10.2012 and directed the judgment debtors to pay Rs.50,000/- per month upto four months and thereafter pay the remaining Rs.40,000/- in the last month. The petitioners have filed this petition feeling aggrieved by the said order.

(2.) Shri S.N.Seth, learned counsel for the petitioners submits that all the petitioners are labourers who are not in a position to even pay Rs.50,000/- per month. He relied on (Mayaram Vs. Mst. Khudavaliwari,1982 MPWN 501). Shri Seth submits that as per Order 20 Rule 11 C.P.C., the Court below was required to conduct an enquiry which has not been conducted, hence the order is bad in law.

(3.) Prayer is opposed by Shri N.K.Gupta, learned counsel for the respondent. He submits that the the Court in its discretion has fixed the installments. The petitioner has not disclosed about the occupation in their application Annexure P-3. Not a single penny is paid after the judgment. The application is not bonafide, yet the Court below in its discretion has fixed the installment. Hence, no interference is required.