SANTA SINGH Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Santa Singh, judgment-debtor (hereinafter referred to as 'the judgment-debtor took a loan from the Punjab National Bank, Sardulgarh, decree-holder (hereinafter referred to as 'the decree holder'). Since the judgment-debtor failed to deposit the money as agreed to between the parties, decree-holder filed a suit for the recovery of the money from the Judgment debtor. The loan was advanced on the basis of a mortgage. The suit filed by the decree-holder was decreed. The decree between the parties became final. Decree-holder filed an execution application to which the judgment-debtor filed his objections. One of the objection taken was that the decree-holder-Bank could not claim interest at more than 6% per annum under Section 34, Code of Civil Procedure. The objection taken by the judgment-debtor stands dismissed by the executing Court against which the present revision petition has been filed.

(2.) Executing Court dismissed the objection of the judgment-debtor on the ground that the executing Court cannot go behind the decree and the decree-holder would be liable to pay the decretal amount. It was further held that the provisions of Section 34, Code of Civil Procedure, regarding payment of interest would not be applicable. Counsel for the parties have been heard.

(3.) For taking this view, reliance was placed on Makhan Singh v. Union of India and others, 1989 95 PunLR 703