CHANAN SINGH Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) CHANAN Singh, petitioner, took a loan of Rs. 49,700/- from the respondent-Bank on 8th June, 1982 for the purchase of Tractor. The loan was to be repaid within seven years. Petitioner paid Rs. 24,155/- by way of instalment and thereafter defaulted in the payment of instalments.

(2.) RESPONDENT-BANK filed a suit on 3rd of March, 1987 for the recovery of Rs. 63,180/ -. Petitioner made certain payments during the pendency of the suit as well and ultimately on 19th May, 1988, an exparte decree was passed against the petitioner for the recovery of Rs. 48,180/with future interest at the rate of 12 per cent per annum.

(3.) RESPONDENT-BANK filed an execution petition in which objections were filed by the petitioner-judgment debtor. One of the objections taken was that the decree-holder-bank has been granted future interest at the rate of 12 per cent per annum till realisation which is an excess and which should not have been more than 6 per cent per annum. This objection was rejected by the executing Court by the impugned order dated 22nd February, 1990 on the ground that the executing Court cannot go behind the decree and has to execute the same as it was Aggrieved against the aforesaid order, the judgment debtor-petitioner has filed the present revision petition.