AIR 1989 ORISSA 47 ::(1988) 2 Civ LJ 565 ::(1988) 66 CutLT 334 ::(1988) 1 Orissa LR 282

Orissa High Court

Hon'ble Judge(s): L. Rath , J

Civil P.C. (5 of 1908) , O.41 R.5, O.21 R.1— Execution - Deposit made in executing court by way of security - It does not become payment in discharge of decree. A deposit made in the execution court in pursuance of a direction issued under O.41, R.5 of the C.P.C., is never in discharge of the decree as contemplated under O.21, R.1. The amount is deposited only by way of security over which the decree-holder is not given any control. The amount lying in deposit with the court besides being beyond the reach of the decree-holder is also liable to be substituted with any other kind of security as the judgment-debtor may seek to furnish with permission of the court. Even a direction of the court that the amount in deposit may be withdrawn by the decree-holder on furnishing security does not transform the deposit to that of discharge of the decree it being only a conditional payment to the decree holder who under the decree has an unqualified right to withdraw any amount lying in deposit in satisfaction of the decree. Hence, until the notice is served under sub-rule (2) of R.1 of O.21, the accrual of interest on the decretal amount would not stop, even if the amount might be lying in deposit in court.(Para 3 4) After the dismissal of the appeal though the amount of deposit is available for withdrawal by the decre....