JIWA RAM RAM CHANDER Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Punjab National Bank (Decree-bolder) filed a suit against the petitioner (Judgment-Debtor) for recovery of Rs. 77,810.20 (Principal amount Rs. 65,000/-. Interest Rs. 12,389.20 and Rs. 421/- as bank charges). The suit was decreed with costs. The judgment and decree of the learned trial Court was challenged before the first appellate Court and the same was also dismissed. Regular Second Appeal was-dismissed by this Court on 1.6.1988. When the decree-holder sought execution of decree, judgment-debtor raised objection that the bank is not entitled to charge interest of Rs. 12,389.20 which was decreed as the decree-holder is entitled to interest @ 12% p.a. on the principal amount. His precise objection was that the principal amount is only Rs. 65,000/- and interest has been awarded @ 12% p.a. only from the date of filing of the suit till realisation and as such interest before filing of the suit was not allowed. Certain other objections were also raised. Learned Executing Court vide impugned order disposed of the objection petition holding that the bank is entitled to recover the decretal amount i.e. Rs. 77,810.20 with interest @ 12% p.a. from the date of filing of the suit till realisation.

(2.) Being aggrieved of the order of learned Executing Court, the' judgment-debtor has filed the present revision petition.

(3.) The only contention raised by learned counsel for the judgment-debtor is that the trial Court had framed an issue to the effect as to whether bank is entitled to interest and if so, at what rate ? The finding of the trial Court on that issue was that the bank is entitled to interest @ 12% p.a. from the date of the institution till realisation and as such the relief of realisation of interest prior to the filing of the suit must be deemed to have been declined by the trial Court, He further submitted that this Court at the time of deciding Regular Second Appeal also held that the bank was entitled to interest @ 12% p.a. on the principal amount from the date of filing of the suit till recovery in accordance with the provisions of Section 34, Civil Procedure Code. He laid stress on the expression "principal amount" i.e. Rs. 65,000/- only and not what was decreed by the trial Court.