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Rajasthan High Court · body

1996 DIGILAW 1371 (RAJ)

Devi Das v. State Bank of Bikaner and Jaipur

1996-12-09

B.R.ARORA

body1996
JUDGMENT 1. - This appeal is directed against the decree dated 9.5.1994 passed by the Additional District Judge No. 2, Jodhpur by which the learned trial Court decreed the plaintiff's suit for an amount of Rs. 2,36,795/ 2. The appellants have not challenged the decree. The only contention raised by the learned counsel for the appellants in this appeal is that some instalments of the original decretal amount may be fixed so that the appellants may satisfy the decree. It is, also, submitted by the learned counsel for the appellants that after the decree was passed by the learned trial Court, the appellants have already paid Rs. 1,20,000/- to the decree-holder. 3. Learned counsel for the respondent-Bank, however, opposed the request of the appellants for fixing the instalments and prayed that the appellants are in a position to make payment of the decretal amount in lump-sum and no case for fixing the instalments is made-out. 4. I have considered the submissions made by the learned counsel for the parties. 5. The appellants have already paid an amount of Rs. 1,20,000/- towards satisfaction of the decree. Rs. 1,00,000/- were paid initially after passing of the decree and Rs. 20,000/- were paid later on. In an another decree passed in favour of the bank, the appellants have, also, paid an amount of Rs. 4,00,000/- in instalments. Looking to the facts and circumstances of the case, I, therefore, think it proper to allow the appellants to pay the balance of the decretal amount in eighteen equal instalments. 6. In the result, the decree dated 9.5.1994 passed by the learned trial Court is maintained. However, the appellants are allowed to make payment of the decretal amount in eighteen equal instalments. If the appellants commit two consecutive defaults. in the payment of the amount in instalments, then the respondent bank will be free to realise the whole of the remaining amount immediately.Appeal Allowed. *******