STATE OF PUNJAB Vs. INSPECTOR SHAM NATH

JUDGEMENT

(1.) WHETHER the executing Court can allow interest to the decree-holder on the benefits allowed by a Civil Court in a declaratory suit is the principal question arising for determination in this petition.

(2.) THE undisputed facts are that the trial judge gave the following relief by judgment dated February 26, 1986 in favour of the respondent :

(3.) THE revision petition came up for hearing before Hon'ble the Chief Justice. The learned Chief Justice noticed that in two Single Bench decisions, i. e. Civil Revision No. 558 of 1988 (State of Punjab v. Kartar Singh), C. R. No. 553 of 1983 decided on April 5, 198'), and Civil Revision No. 944 of 1987 (Dr. K G. Chowdhri v. The State of Haryana) C. R. No. 944 of 1987. decided on July 25, 1988, this Court had taken a view that the executing Court could not allow interest on the amount due in execution proceedings A discordant note was recorded by a learned Single Judge in State of Punjab v. Radha Ram, 1988 12; R. S. J. 595. . In view of this conflict, the learned Chief Justice referred the matter to a larger Bench vide order dated October 29, 1991. That is how we are seized of the matter.