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Madhya Pradesh High Court · body

1998 DIGILAW 766 (MP)

Prabha Saxena v. State of M. P.

1998-10-09

A.K.MATHUR

body1998
JUDGMENT This is a revision petition directed against the execution order passed by the Second Add!. District Judge, Shivpuri in Execution case No. 2B/86, whereby a decree in the sum of Rs. 99,537.81P with interest at the rate of 10% per annum was passed by order dated 19.12.88. The trial Court awarded an interest w.e.f. 10.9.86. During the course of execution, a sum of Rs. 44,000/- was deposited by the respondent. The trial Court pointed out the total amount which had been paid to the decree holder was Rs. 1,36,594/- and he was entitled to Rs. 1,22,422/-. Therefore, a sum of Rs. 14,172/- has been paid extra and directed that this amount should be deposited back by the plaintiff. Aggrieved by this order, the present revision has been filed by the decree holder. The learned counsel for the petitioner submitted that when the amount of Rs. 44,000/- was deposited by the defendant on 11.12.89, then the interest on that date on a total amount of Rs. 99,537/- was Rs. 32,349/-. This should be adjusted against the interest and remaining amount should be adjusted against the principal sum. Learned counsel further submitted that the Apex court in the case of Meghraj and others v. Mst. Bayabai and others ( AIR 1970 SC 161 ) laid down that whenever the amount is deposited and if it is not specified that what amount is deposited against the principal and what amount is deposited against the interest, then in that case as per Order 21 Rule 3 CPC, the interest should be deducted first and thereafter the remaining amount should be adjusted towards the principal. Learned counsel invited my attention to decision of this Court in the case of Anokhilal v. Kailash Chandra [1988 (1) MPWN 64]. Learned counsel also submitted that a similar view has been taken by the Calcutta High Court in the case of Life Insurance Corporation of India v. Gadadhar De ( AIR 1978 Cal. 419 ). I have considered this submission of the learned counsel and I think that in view of the observations made by the Apex Court in the aforesaid case, the normal rule is that the amounts deposited in Court should first be applied towards satisfaction of the interest and costs and thereafter towards the principal sum. 419 ). I have considered this submission of the learned counsel and I think that in view of the observations made by the Apex Court in the aforesaid case, the normal rule is that the amounts deposited in Court should first be applied towards satisfaction of the interest and costs and thereafter towards the principal sum. If applying this ratio, then the amount is adjusted as follows : "That on 11.12.89, when a sum of Rs. 44,000/- was deposited by the respondent to the satisfaction of the decree passed by the Court below, Rs. 32,349/- was the interest on that date. That amount should be deducted first, and that remains to Rs. 11,651/-. That amount is deducted from principal amount i.e. Rs. 99,537/- and then principal amount comes to Rs. 87,886/-. The plaintiff will be entitled to interest on this amount from 12.12.89 and from 12.12.89 to 12.12.95 that amount comes to Rs. 52,724/-. If this amount of interest is added in a principal amount of Rs. 87,886/-, then it comes to Rs. 1,40,610/- and the cost of Rs. 1200/-, then it comes to Rs. 1,41,810/-. Against this amount, a sum of Rs. 1,36,594/- was also deposited by the defendant. That leaves Rs. 5,216/-. Therefore, the decree holder is entitled to a sum of Rs. 5,216/- only and no more. This revision application is disposed of accordingly and it is held that the plaintiff is entitled only to Rs. 5,216/- now and consequently the order passed by the IInd Addl. District Judge, Shivpuri is modified. The revision application is allowed as indicated above. The respondent may deposit the amount within a period of three months from today.