Executing Court Overstepped Jurisdiction in Granting Interest Beyond Decree; Order Set Aside

The Supreme Court affirmed the High Court's decision to correct the executing court's order, holding that the executing court exceeded its jurisdiction by granting interest not included in the decree. The High Court was justified in setting aside the order directing payment of interest, as it was without jurisdiction. The respondents were directed to pay any outstanding amount due to the petitioner promptly within three months of the order.

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Issues:
- Jurisdiction of executing court to grant interest in execution of a decree.
- Revisional power of the High Court in correcting orders of the executing court.

Analysis:
The judgment in question deals with a special leave petition arising from an order of the Allahabad High Court regarding the execution of a decree by the U.P. Public Services Tribunal, Lucknow. The Tribunal's order directed the consideration of the petitioner's confirmation on a Group 1 post and subsequent promotions. The executing court, in addition to the salary, gratuity, and pension, awarded interest at 12% per annum, which was challenged by the respondents. The High Court held that the executing court had no power to enlarge the decree by granting interest, as the Tribunal's decree did not include such a provision. The petitioner argued that the interest was justified due to the respondents' unreasonable delay in payment. However, the Supreme Court held that an executing court cannot exceed its jurisdiction by granting interest not included in the decree. The High Court was justified in setting aside the order directing payment of interest, as it was without jurisdiction.

Furthermore, the Supreme Court emphasized that the executing court's jurisdiction is limited to executing the order in accordance with the procedure laid down under Order 21 of the Civil Procedure Code. The court clarified that the executing court cannot go beyond the terms of the decree, and in this case, the grant of interest was beyond its jurisdiction. The Supreme Court affirmed the High Court's decision to correct the executing court's order and dismissed the special leave petition. The respondents were directed to pay any outstanding amount due to the petitioner expeditiously, within three months of the order.

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