Executing Court has Power to order making payment through installment
Citation
Dr. M. Pasupathi Versus M.N. Chinnusamy
Head Note
Civil Procedure Code - Section 115, Order 20 Rule 11, Order 21 Rule 37, Section 151 - Limitation Act - Article 126 - The judgment-debtor seeking direction of the Court to permit him to discharge the decretal amount in monthly instalments at Rs.50,000/- each - The Lower Court held that such an Application was barred by limitation - the judgment-debtor who is willing to discharge the decretal amount in instalments should approach the Court with all earnestness, within 30 days from the date of passing of the decree –
Held, The judgment-debtor shall pay a sum of Rs.4 lakhs in one lump sum within eight weeks from this date and thereafter, the remaining decretal amount shall be paid at the rate of Rs.1 lakh every month and even if there is one default in the aforesaid schedule, the entire remaining dues shall be payable by the Revision Petitioner immediately and straightaway the Lower Court is empowered to issue arrest warrant and detain the Revision Petitioner in Civil prison - Revision is disposed of.
Cases Referred:
1. State Bank of India v. plastichem and others, AIR 1992 MP 230.
2. Majeti Siva Vara Koti Prasad v. Chalapathi Chit Fund Private Ltd. AIR 2001 AP 388.
Comparative Citation:
2012 (4) CTC 504
Held, The judgment-debtor shall pay a sum of Rs.4 lakhs in one lump sum within eight weeks from this date and thereafter, the remaining decretal amount shall be paid at the rate of Rs.1 lakh every month and even if there is one default in the aforesaid schedule, the entire remaining dues shall be payable by the Revision Petitioner immediately and straightaway the Lower Court is empowered to issue arrest warrant and detain the Revision Petitioner in Civil prison - Revision is disposed of.
Cases Referred:
1. State Bank of India v. plastichem and others, AIR 1992 MP 230.
2. Majeti Siva Vara Koti Prasad v. Chalapathi Chit Fund Private Ltd. AIR 2001 AP 388.
Comparative Citation:
2012 (4) CTC 504
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