JASWANT SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE instant revision petition has been filed by the judgment-debtor against the order dated 30.7.1993 passed by the Executing Court vide which his objections qua the charging of interest at the rate of more than 6% on the decretal amount, has been dismissed.

(2.) THE case of the petitioner is that he had taken a loan from the respondent-bank for the purchase of a tractor. The said loan having not been repaid, the respondent-bank filed a suit for recovery and sale of the mortgaged property under Order 34 of the Code of Civil Procedure (hereinafter referred to as 'the Code'). The said suit was decreed and a decree of Rs. 1,02,086.31 was passed with costs and interest at the rate of 12.5% per annum with effect from the institution of the suit till realization of the decretal amount. The said decree became final between the parties, as no appeal against the same was filed by the petitioner or by the respondent-bank.

(3.) THE Executing Court vide impugned order dismissed the aforesaid objections filed by the petitioner while holding that the Executing Court has no jurisdiction to go behind the decree and to see whether the interest on the decretal amount was granted rightly or wrongly. Since the decree between the parties became final as no appeal was filed by the petitioner-judgment debtor against the rate of interest awarded by the Court, the Executing Court cannot go behind the decree and award a lesser interest on the decretal amount. The said order of the Executing Court has been impugned in the instant revision petition.