DARSHAN SINGH versus STATE OF PUNJAB

The High Court committed an error in granting interest from the date of decree (9.12.1992), instead of the date when the amount became due (25.5.1965), as specified in the decree. Revisional jurisdiction cannot be used to alter or vary the terms of a decree which has attained finality.

Parties: Appellant: Darshan Singh; Respondent: State of Punjab
Jurisdiction: India
Judgment Date: 13 February 2007
Procedural Posture: Civil Appeal / Supreme Court Judgment
Outcome: Appeal allowed
Legal Topics: Execution of Decree, Interest Awarded on Arrears, Revisional Jurisdiction, Modification of Decree

Civil Procedure Execution of Decree Interest Awarded on Arrears Revisional Jurisdiction Modification of Decree

Case Brief

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Parties

Darshan Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

1 Whether the High Court can alter the terms of a decree in revisional jurisdiction after the decree has attained finality.
2 Whether interest should be paid from 9.12.1992 (date of decree) or from the date the amount became due and payable as per the decree.

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Respondent/State directed to pay Rs.60,586.75 to Appellant with simple interest at 12% per annum from 25.5.1965 till realization.
Entire amount due shall be paid within two months from the date of judgment; failing which, payment will carry 18% simple interest per annum.