JOGINDER KOUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS revision is directed against the order dated 29 -10 -1986, passed by the Learned District Judge, Jammu in the execution proceedings filed by the predecessor -in -interest of the petitioner herein (hereinafter called the decree -holder).

(2.) THE claims and counter claims of the parties were adjudicated upon by an Arbitrator, who ultimately on 30 -04 -1974, passed the award which was made rule of the Court and consequent decree came to be paused on 12 -05 -1977 by this Court.

(3.) BY the decree several claims of each of the parties were allowed against each other in respect of several items . The Decree -holder became entitled to recover Rs.98,189/ - from the respondent Union Of India in all, whereas Respondent Union of India was held entitled to recover Rs.2,66,561.73/ - from the decree -holder. Thus as a result of the decree the decree -holder was required to pay a sum of Rs.1,68,282.73/ - to Union of India the respondent in total satifaction of the decree. However, instead of Union of India the respondent, the execution was taken/filed by the decree -holder. The respondent admittedly contested the execution application of the decree -holder on two ground mainly. One that the decree stood satisfied because the balance amount which was to be paid by the decree -holder to the respondent has been adjusted out of the payment to be made by the respondent to the decree -holder and as such decree stands satisfied by the adjustment. Two, that application for execution was time barred.