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Ghanshiam Lal Vs. Ram Narain - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in2Ind.Cas.364
AppellantGhanshiam Lal
RespondentRam Narain
Cases ReferredNoor Ali Chowdhuri v. Koni Meah
Excerpt:
decree of first court fixing time for payment of money - decree affirmed by high court and by privy council--money not paid within time fixed by the first court--no extension allowed. - .....instance on 2nd june, 1900, which was affirmed by the high court on 19th january, 1903, and by the privy council on the 16th november, 1906. the decree of the court of first instance awarded to the plaintiff the amount claimed by him with costs and future interest, but declared that if the appellant within 3 months of the date of the decree paid the principal sum claimed by the respondent, together with costs and interest at the rate of 12 per cent. per annum he would be exempted from further liability. the plaintiff, it appears, had claimed interest at the rate of 30 per cent per annum so that according to the decree of the court of first instance if the judgment-debtor paid the principal amount with interest at 12 per cent. per annum within 3 months from the date of the decree of that.....
Judgment:

1. This is a judgment-debtor's appeal and arises out of proceedings relating to the execution of a decree passed by the Court of first instance on 2nd June, 1900, which was affirmed by the High Court on 19th January, 1903, and by the Privy Council on the 16th November, 1906. The decree of the Court of first instance awarded to the plaintiff the amount claimed by him with costs and future interest, but declared that if the appellant within 3 months of the date of the decree paid the principal sum claimed by the respondent, together with costs and interest at the rate of 12 per cent. per annum he would be exempted from further liability. The plaintiff, it appears, had claimed interest at the rate of 30 per cent per annum so that according to the decree of the Court of first instance if the judgment-debtor paid the principal amount with interest at 12 per cent. per annum within 3 months from the date of the decree of that Court, i. e., on or before the 2nd September, 1900, he would be exempted from further liability under the decree, and would not have to pay interest at the higher rate. He did not make any payment and he now contends that he can pay the principal amount with interest at 12 per cent. per annum within 3 months from the date of the decree of the Privy Council. It is no doubt true that the decree of the Privy Council is the final decree in the cause of which execution should be taken out, but that decree does not extend the time for payment of the decretal amount. It affirms the decree of the High Court, which again affirmed the decree of the Court of first instance, including that part of the operative portion of the decree which directs payment of the principal amount with interest at 12 per cent. per annum within 3 months from 2nd June, 1900, the date of the decree. We think the Court below was right in holding that the judgment-debtor having allowed the 3 months granted to him by the Court of first instance to elapse, is not entitled to claim a further period of 3 months from the date of the decree of the Privy Council. The case of Noor Ali Chowdhuri v. Koni Meah 13 C. 13 (P.C.) relied on by the learned Counsel for the appellant depended on the terms of Section 52 of Bengal Act (VIII of 1869), and does not, in our opinion, help the appellant. We dismiss the appeal with costs.


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