CHAUTHILAL Vs. BADRI PRASAD

JUDGEMENT

(1.) This is a first appeal in execution proceedings.

(2.) The respondent firm Badri Prasad Kishori Lal instituted a suit against Chauthi Lal and his son Ramcharan as owners of the firm Chauthi Lal Par-shadilal. The suit was for the recovery of Rs. 7,690/- principal and Rs. 86/8/-as interest, making the total claim at Rs. 7776/8/-. During the pendency of the suit, the plaintiff informed the Court that he had received Rs. 600/- from the defendants. The trial Court gave a decree for Rs. 7.178/8/-with full costs and interest to run at 3 per cent p. a, during the pendency of the suit and till satisfaction. According to the decree the amount decreed and the costs came to Rs. 8,075/7/9. The decree-holders filed an application for execution of the decree on 25-2-1947, and wanted execution against Chauthi Lal for Rs. 8,433/1/3 as follows: Amount according to decree Rs. 8,075 7 9 Cost of copies 5 2 6 Present 116153 expenses Interest during 235 79 suit Total .... 8,433 1 3 In column No. 4 it was mentioned that there had been no appeal. The defendant in the meanwhile filed an appeal, and the Chief Court of Karauli modified the decree by judgment of 10-5-1947.

(3.) The decree against Rani Charan was reversed, and the suit against him was dismissed. The liability of Chauthi Lal to pay Rs. 7,176/8/- was confirmed, but the interest during the pendency or the suit and subsequently was to run on Rs. 7090/-aiid not the decretal amount of Rs. 7176/8/-. The rate of interest awarded was confirmed. Ram. Charan was awarded the costs of the first Court against the plaintiff. The costs of the appeal were made-easy.