NARENDRA PRASAD SINHA Vs. NAND KISHORE SINGH

JUDGEMENT

(1.) The present revision application is directed against the order of the learned Subordinate Judge Barh (Patna) passed in Execution Case no. 1 of 1982 being order dated 2.8.2003 whereby and whereunder the auction sale dated 3.8.1994 held by the court in execution of the decree was set aside and the execution case was disposed of on full satisfaction.

(2.) Both the parties have appeared and have been heard at length in course of hearing parties desired that lower court records of the execution proceeding be called for, for the purposes of verification whether any application dated 27.9.84 was filed for deposit of money as contemplated under Order XXI, Rule 89 CPC.The records have been received and inspected. An application to that effect of the said date was found on the record with due endorsement of the court that the next date appears to be 15.11.1984 but the petition should be put up on 1.11.84 to avoid limitation. The significance and importance of this application will be discussed later at an appropriate stage.

(3.) It appears that after a long litigation between the decree holder and the judgment holder, a compromise decree was passed by this Court on 12.8.81 in F.A. No. 114/67 whereby the defendants-judgment debtor was made liable to pay a sum of Rs. 2000/- to the plaintiff-decree holder by 30. 10.81, failing which the judgment debtor was to pay the said amount along with interest at the rate of 18% besides cost as judgment debtor failed to deposit the decretal amount, the decree holder filed the present Execution No. 1/82 for recovery of decretal amount of Rs. 2000/- along with accrued interest in the court of learned Sub Judge I, Barh (Patna).