FRANK COOWBS Vs. MUFASSIL BANK, LTD

JUDGEMENT

(1.) This is a judgment-debtor's appeal. On 12 of October 1923, the appellant had borrowed Rs. 1,000 from the Mufassil Bank Ltd., Gorakhpur, on a promissory note. On 15 December 1925, the Bank instituted a suit for recovery of the principal amount together with interest. As a result of certain negotiations an instalment decree was passed against the appellant on 25 January 1926. It was agreed that Rs. 250 should be paid by the debtor to the creditor on 25 January 1926 and that the balance, namely, Rs. 1,005 was payable in two equal instalments of Rs. 502-8-0 on 30 June 1926, and 31 December 1926.

(2.) On 25 January 1926, before the decree was passed the appellant paid to the respondent Rs. 250. On 18 June 1926, the judgment-debtor paid Rs. 264-10-0 to the decree-holder. On 11 March 1927, the decree-holder applied for execution of his decree for recovery of Rs. 846-2-0 principal and interest by the arrest of the judgment-debtor. This application was subsequently sought to be amended by a petition dated 9 June 1927, because of a miscalculation as to the amount of interest. On 13 April 1927, the judgment-debtor paid to Babu Nawal Kishore Rs. 581 on account of the second instalment.

(3.) The judgment-debtor contended that in the evening of 25 January 1926, he had paid Rs. 250 to the decree-holder in part satisfaction to the decree and that the decree-holder was not entitled to execute the decree for this amount. He also contended that the payment of this sum had been duly certified in Court under Order 21. Rule 2, Civil P.C. and that the decree-holder was bound by the order of the Court certifying the payment.