DIN DYAL Vs. NEW BANK OF INDIA

JUDGEMENT

(1.) The present petition has been filed by the judgment debtor challenging the order dated May, 24, 1996 passed by the learned Additional Civil Judge (Senior Division), Karnal.

(2.) A suit for recovery of Rs. 79,599.74 by sale of the mortgaged property was filed by the decree holder, New Bank of India.

(3.) The aforesaid suit was decreed on May 24, 1996 by the learned trial Court. A preliminary decree was passed. While passing the aforesaid preliminary decree, the interest at the rate of 13% per annum was also granted in favour of the decree holder. The defendant took up the matter in appeal. In appeal, decree passed by the learned trial Court was affirmed. However, with regard to the interest, the same was modified and interest at the rate of 12.5% per annum was granted by the learned first appellate Court vide judgment and decree dated December 9, 1992.