License & Printed By : | https://www.aironline.in |
AIR 1995 SUPREME COURT 1572 ::1995 AIR SCW 2421
Supreme Court Of India
(From : Kerala)
Hon'ble Judge(s): R. M. Sahai, N. P. Singh , JJ

Civil P.C. (5 of 1908) , O.21 R.1(2), O.21 R.1(4)— Payment of Decretal amount - Appropriation - Notice of deposit of decretal amount in Court not given to decree holder - Intimation about manner of appropriation also not given - Deposit cannot be deemed to be towards principal, only because deposit was made in pursuance of Court order. Decision of Kerala High Court, Reversed. The deposit of decretal amount made in pursuance of order of Court cannot be deemed to be towards principal. In absence of any intimation as required by sub-rule (2) of R.1. of O.21 and indication of manner of appropriation, the payment could not be deemed to have been appropriated towards principal unless the decree-holder admits it to be so. (Para 3) Moreover factually in the instant case there was no direction from the Court for making deposit. Therefore, the judgment-debtor was bound to deposit the decretal amount in accordance with law. And that is provided for by Order XXI, Rule 1 of the Civil Procedure Code. But mere deposit in absence of any notice and intimation that it was being deposited towards principal it was for the decree-holder to appropriate towards the dues. .....

Buy and Download By Entering Following Details (Worth /-)

Step 1
Enter your contact details.
Please enter your name.
Please enter a valid 10 digit mobile number
Please enter your valid email id.
I agree on Terms & Conditions
Step 2
Enter your payment details

 J