SHYAMSUNDAR PANIGRAHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against an order dated 20-3-1992 passed by the Subordinate Judge, Berhampur in Execution Proceeding No. 66 of 1987 holding that the interest on the awarded amount cannot be allowed to the decree-holder from the date of filing of the suit till the matter is finally disposed of by the Supreme Court by its order dated 12-2-1991.

(2.) The facts leading to the filing of this revision may be shortly, stated as follows:

(3.) After disposal of the civil appeal as aforesaid, the petitioner filed an application for amendment of the original execution petition under Order 21, Rule 17, C.P.C. and filed a separate memo showing details of calculation which he had arrived at the modified claim amount which became Rs. 11,20,000/- for recovery from the opposite party-judgment-debtor. According to the petitioner the aforesaid amount of Rs. 11,20,000/- comprises of Rs. 5 lakhs as principal amount and interest at the rate of 12 % per annum calculated from 1-8-80 till 13-3-91 excluding the interest for the period from 8-5-82 to 15-7-82 and 9-11-82 to 13-12-82. The opposite party filed an objection to the aforesaid claim of the petitioner on the ground that the petitioner-decree-holder is not entitled to any interest whatsoever during the entire period from the date of reference till the final judgment by the Supreme Court. The learned Sub-Judge, Berhampur by the impugned order held that the interest cannot be allowed to the decree holder from the date of filing of the suit till the matter has been finally disposed of by the Supreme Court by their order dated 12-2-91. In this revision the petitioner has challenged the said order contending that the concession of his Advocate in the Supreme Court has not been properly interpreted.