GURDIT SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) STATE Bank of India filed a suit for recovery of amount. The suit was decreed for a sum of Rs. 99,120 with future interest at the rate of 12 and a half per cent. per annum with effect from June 12, 1986, till realisation of the decretal amount. When the judgment -debtor, namely, Gurdit Singh (petitioner herein) failed to make payment of the decretal amount. State Bank of India preferred execution application. It is during the course of execution proceedings that the petitioner filed objections with regard to charging of interest more than what has been provided under section 34 of the Civil Procedure Code, 1908. The executing court, vide detailed order dated May 27, 1993, dismissed the objection application. Hence this civil revision.

(2.) LEARNED counsel appearing on behalf of the petitioner has contended that the executing court has completely erred in law in not noticing that the petitioner was an agriculturist as defined under section 2(b) of the Haryana Relief of Agricultural Indebtedness Act, 1989 (hereinafter referred to as "the Act") and, therefore, the decree which comprised principal as well as interest accrued thereon, is inexecutable. It is contended that as per the provisions of section 34 of the Civil Procedure Code, the decree -holder was not entitled to recover interest at a rate exceeding 6 per cent. per annum.

(3.) AFTER hearing learned counsel and on going through the record, I do not find any merit in this petition.