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        Case ID :

        1933 (2) TMI 19 - HC - Indian Laws

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        Single money decree must be executed as a whole; omitted interest cannot be pursued later in piecemeal execution. A single presently payable money decree for principal, interest and costs must be executed as a whole, and the execution application must state the full ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Single money decree must be executed as a whole; omitted interest cannot be pursued later in piecemeal execution.

                              A single presently payable money decree for principal, interest and costs must be executed as a whole, and the execution application must state the full amount due under the decree, including interest. Piecemeal execution of only part of the decretal amount is not expressly authorised, and omission of the balance in the first execution application is treated as a waiver for execution purposes. A later application seeking the omitted interest is therefore not maintainable, and separate execution for that interest is barred.




                              Issues: Whether a money decree for principal, interest and costs can be executed in stages by filing a later execution application for interest omitted from the earlier application.

                              Analysis: A decree for principal and interest is treated as a single money decree, not as separable reliefs for the purpose of execution. The relevant execution provisions contemplate execution of the decree as a whole, and the application for execution is required to state the amount due under the decree, including interest if any. There is no express authority permitting piecemeal execution of a presently payable money decree. Where the decree-holder applies for execution only for part of the amount due, the omission is treated as a waiver of the balance for execution purposes, and the later application for the omitted balance is not maintainable.

                              Conclusion: Separate execution for the omitted interest was not permissible, and the subsequent execution application was barred.

                              Final Conclusion: The appeal succeeded, the order allowing the later execution application was set aside, and the execution application was dismissed with costs.

                              Ratio Decidendi: A single money decree presently payable must be executed as a whole, and a decree-holder who seeks execution for only part of the decretal amount waives execution of the balance in a subsequent application.


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                              ActsIncome Tax
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