LAXMIDHAR SAHU Vs. BORA LACHHMAN AND OTHERS

JUDGEMENT

(1.) The appellate order of remand passed by the learned First Additional District Judge, Cuttack (hereinafter referred to as the 'lower Appellate Court') is the subject-matter of challenge in this appeal.

(2.) Background facts, shorn of unnecessary details, are as follows :

(3.) During hearing of the appeal before the lower Appellate Court, it was submitted that upto 10.8.1984 the balance amount due from respondents 1 to 5 was Rs. 849.80/- paise. The appellants stand was that since the respondents failed to pay the dues with in the stipulated time, the original Court should have passed a final decree for foreclosure instead of dismissing the application for final decree as if there was full satisfaction. The respondents resisted the claim on the ground that if anything was due, reasonable opportunity should he given to them to pay up the dues and there was no failure on their part because they had paid the amount as per the directions of the Court. The lower Appellate Court found that in reality the entire amount due had not been paid but a substantial amount had been paid. Accordingly it held that another opportunity should he granted to respondents 1 to 5 to pay up the decretal dues within a month beginning front 1.7.987, i.e., by 31.7.1987 to the plaintiff, as per up-to-date chart showing his up-to-date dues to be supplied by the plaintiff or to be calculated by the Court within seven days from the date of receipt of the records and in default of payment within the said date the Trial Court was to proceed with the final decree proceeding. As aforesaid, the matter was remanded to the Trial Court for disposal in the light of observations made. The parties were directed to appear in the Trial Court on 30.6.1987. The operation of the order was stayed by this Court on 23.7.1987.