PUNJAB NATIONAL BANK Vs. BABA KISHANDAS THAKUR DAS

JUDGEMENT

(1.) IN this revision under section 115 of the Code of Civil Procedure filed by the decree holder, a short but intricate point of law has been raised.

(2.) THE factual background may first be given : The applicant/bank obtained a decree on the basis of mortgage against the non-applicant/judgment-debtor in the sum of Rs. 41,286. 04 being the principal amount of loan with interest pendente lite and future interest at contractual rate of 16% per annum.

(3.) THE operative part of the decree, which is relevant for deciding the contentions advanced by the parties, reads as under :