TARIA ALIAS TARA CHARD Vs. AMAR SINGH

JUDGEMENT

(1.) The petitioner impugns the order of the executing Court, dated 24/04/1990, whereby his petition u/S.47 of the Code of Civil Procedure, for nullifying the decree sought to be executed against him was dismissed.

(2.) Concededly, he suffered a money decree in favour of the respondent and the relevant operative part of the same is reproduced as under : "This suit is coming on 18-7-1988 for final disposal before me (Sh. R.K. Bishnoi, HCS, Sub Judge, Ist Class, Dadri), in the presence of Sh. Mange Ram, Advocate, counsel for the defendant. It is ordered that the suit of the plaintiff succeeds and is decreed with costs. A decree for a sum of Rs. 5564.00 is passed in favour of the plaintiff and against the defendants with interest at the rate of Rs. 1.5% per month from the date of the filing of suit till the date of actual realisation. " The Court has held that the decree is not violative of S.34 of the Code of Civil Procedure, in any manner, and proceeded to execute it.

(3.) Mr. Rathore, appearing for the petitioner, contends rather vehemently that in the light of the clear language of S.34, Code of Civil Procedure, providing that no further interest subsequent to the passing of the decree can be allowed at a rate higher than 6 per cent, the impugned decree was clearly a nullity as it lays down that the defendant-judgment-debtor would be liable to pay interest at the rate of 1.5 per cent per month from the date of the filing of the suit till the date of actual realisation of the amount.