MATA DIN Vs. JEEK RAM

JUDGEMENT

(1.) The petitioner/judgment-debtor has challenged the order of the executing Court dismissing his objections under Section 47 of the Code of Civil Procedure 1976 (for short, the Code). The facts :-

(2.) Decree for recovery of Rs. 6,800.00 with interest at the rate of 12 per cent per annum till realisation was passed against the Vishav Karma Furniture Production Co-operative Industries Society Ltd., Charkhi Dadri (Proprietor Ghisha Ram) and Ghisa Ram, respondents, and Mata Din, Petitioner/judgment-debtor (hereinafter the judgment-debtor) on 16/08/1985 by Shri S. Z. Siddiqui, Munsif, Khiri (UP) that the said decree was transferred to Subordinate Judge Ist Class, Charkhi Dadri, for execution; that in execution of the decree land owned by the judgment-debtor was attached; that auction was held on 19/07/1989; that objections against the auction were dismissed by the executing Court by order dated 28/08/1990; that the auction was confirmed on 11/09/1990 that orders dated 28/08/1990 and 11/09/1990 dismissing the objections against the auction and confirming the sale respectively were challenged in Civil Appeal No. 38-14 of 1990, which was dismissed by the District Judge, Bhiwani, by order dated 14/02/1991; that objections were filed by the judgement-debtor under Section 47 of the Code on the ground that the decree under execution was inexecutable for the reason that the trial Judge while decreeing the suit allowed interest at the rate of 12 per cent per annum on the principal amount till realisation which is impermissible, and that the executing Court dismissed the objections of the judgment-debtor principally on the ground that the future interest awarded by the Court decreeing the suit was in conformity with the provisions of Section 34 of the Code.

(3.) The executing Court in paragraph 6 observed, thus :---