HARI OM Vs. DAYA RAM

JUDGEMENT

(1.) By this petition, the petitioners challenge the order of the learned trial court (Additional Civil Judge, Sr. Divn., Rewari), dtd. 30/9/2015, by which an application filed under Sec. 151 of the CPC (Annexure P-5), dtd. 30/4/2015 has been allowed, with that Court exercising jurisdiction under Sec. 152 of the CPC.

(2.) Notice of motion having been issued in this petition on September 02, 2016, with the operation of the impugned order having been stayed at that stage, Mr. Arun Yadav, Advocate, had appeared for the respondents on various dates but was not present either on the last date of hearing, i.e. September 04, 2018, nor today.

(3.) Mr. Sodhi firstly submits that the trial court having issued the judgment and decree consciously on March 10, 2015, it was very obvious that the interest ordered to be paid was to run only from the date of the judgment. @ 9% per annum if paid within 90 days thereof, failing which it would be payable @ 15% per annum thereafter, i.e. after 90 days. He further submits that the decree actually having been complied with within two months, by a deposit of Rs.23,63,325.00 on May 15, 2015, with a receipt/challan also issued to that effect (Annexure P-3 with the petition), the impugned order passed thereafter on September 30, 2015, i.e. more than 4 months later, is wholly unsustainable. He also submits that the application filed by the respondents (Annexure P-5) having been filed under Sec. 151 of the CPC and not under Sec. 152 thereof, the trial court wholly erred in allowing the application by exercising jurisdiction under the latter provision. He further submits that once the decree had been complied with, with the petitioners having deposited the amount of Rs.23,63,325.00 on May 15, 2015, in any case the trial court would not have jurisdiction even under Sec. 152 of the Code, to alter the decree.