MANABENDUDAS CHOUDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revision petition under Section 115 of the Code of Civil Procedure is directed against the order dated 24.06.2002 passed by the learned Civil Judge (Sr. Division), North Tripura, Dharmanagar in Civil Misc. Case No. 19 of 2001 which arose out of Execution case No. Ex. 4(T)/99 whereby the claim of the petitioner for payment of interest @ 12% on the decretal amount with effect from 05.05.1999 to 22.06.01 was rejected.

(2.) The facts of the case, in a nut shell, are that the petitioner had instituted a suit before the learned Civil Judge, Senior Division for declaration and recovery of money, which was registered as T.S. No. 19 of 1997. By the judgment and decree dated 20.04.1998, learned Civil Judge dismissed the suit. Against the said judgment and decree, the petitioner preferred an appeal before this Court in F. A. No. 77 of 1998. This Court, by the order dated 05.05.1999, allowed the appeal and directed the respondents to pay a sum of Rs. 3,55,982/ - along with interest @ 12% per annum from the date of filing of the suit to the date of decree to the petitioner.

(3.) It appears that the respondents thereafter filed a review petition against the judgment and decree before this Court which was registered as review petition No. 7 of 1999. By the order dated 22.06.2001, this Court dismissed the review petition holding that no sufficient ground was made out for reviewing the judgment and decree impugned thereon. It further appears that the respondents, without satisfying the decree, through the Forest Range Officer filed a suit being T.S. No. 9/99 against the petitioner for declaration that the decree dated 05.05.1999 ofF.A. 77 of 1998 in connection with T.S. No. 19 of 1997 was fraudulent, inoperative and for recovery of money amounting to Rs. 5,94,523/- by way of forest royalty. The Forest Range Officer also filed an application in Misc. Case No. 11 of 1999 for staying the execution proceeding of Ex (T) No. 4 of 1999, which was allowed by the order dated 16.09.99. It also appears that the following the filing of review petition No. 7 of 1999, this Court had also stayed the execution proceeding. It is on the record that after disposal of the review petition No. 7 of 1999, the state-respondents submitted a cheque amounting to Rs. 4,42,427/- before the executing court on 10.08.2001 being the interest payable upto 05.05.1999 and that the cheque was withdrawn by the petitioner on 13.08.2001, which apparently resulted in dropping the execution proceeding. Subsequently, the petitioner filed an application under Section 151 C.P.C. before the learned Civil Judge claiming further interest from the disposal of the First Appeal upto the disposal of the review petition which was registered as Civil Misc. Case No. 19 of 2001. The respondents filed objection against the application of the petitioner. By the order dated 24.06.02, the learned Civil Judge dismissed the petition. Aggrieved by the said order, the petitioner is now approaching this Court by way of this revision petition.