GURDEV SINGH Vs. PUNJAB NATIONAL BANK MANDI DABWALI

JUDGEMENT

(1.) Limitation and scope of powers exercisable by executing Court while execting a decree passed by the Court of competent jurisdiction is the precise question that falls for consideration of the Court in this revision petition.

(2.) The facts giving rise to this revision petition fall in a very narrow compass. Respondent plaintiff Punjab National Bank had filed a suit for recovery of Rs. 1,80,507/- as principal with interest in the Court of competent jurisdiction at Sirsa on 21-2-1990. The suit was contested by the petitioner-defendants. The learned trial Court ultimately passed a decree on 4-1-1993 against the defendants and in favour of the plaintiff. The relevant part of the decree reads as under :-

(3.) It may be noticed here that in the plaint and specially in the prayer clause the plaintiff had claimed interest at the rate of 12.5% per annum based on the plea of mortgage in consonance with the provisions of Order 34 of the Code of Civil Procedure. The Court even in the last para of the judgment had clearly granted future interest at the rate of 12.5% per annum on the amount of principal calculated from the date of filing of the suit till the realisation of the decretal amount. On these basis the trial Court had passed the aforestated decree granting the relief to the bank as aforestated.