CENTRAL BANK OF INDIA Vs. MAGHAR SINGH

JUDGEMENT

(1.) THIS is a Civil Revision and has been directed against the order dated 18.7.1997 passed by the Additional District Judge, Sirsa, who reversed the order dated 20.2.1996 passed by the Civil Judge (Senior Division), Sirsa.

(2.) SOME facts can be noticed in the following manner : Central Bank of India (hereinafter called "the Bank") filed the proceedings under Section 8 of the Haryana Agriculture Credit Operations and Miscellaneous Provisions (Banks) Act, 1973 against Shri Maghar Singh and Jagdev Singh and claimed a sum of Rs. 93,530.92 as principal and interest calculated up to 31.12.1986 and its future interest at the rate of 14.5% per annum with effect from 1.1.1987. During the pendency of the proceedings, a compromise took place and the statement of Shri Maghar Singh as recorded on 21.8.1987 which may be read as under :

(3.) THEREAFTER , the petitioner-Bank filed an execution application under Order 21 Rule 11 C.P.C. and during the pendency of this application, again the statement of Shri Maghar Singh was recorded as the Bank was asking for the interest when this interest was not allowed by the S.D.O. (Civil) in the original order. Shri Maghar Singh, respondent made the following statement :