RAMESHWAR DASS GUPTA versus STATE OF U.P. AND ANR.

RAMESHWAR DASS GUPTA versus STATE OF U.P. AND ANR.

The executing court has no jurisdiction to grant interest not awarded in the decree; any such order is void and without jurisdiction.

Parties
Petitioner: Rameshwar Dass Gupta; Respondent: State of U.P.; Respondent: State of U.P. and Anr.
Jurisdiction
India
Judgment Date
27 August 1996
Procedural Posture
Special Leave Petition (civil) / Final Disposal
Outcome
Petition dismissed
Legal Topics
Execution of Decree, Jurisdiction of Executing Court, Interest
Civil Procedure Execution of Decree Jurisdiction of Executing Court Interest

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Parties

Rameshwar Dass Gupta

Petitioner

State of U.P.

Respondent

State of U.P. and Anr.

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Disposal

Legal Issues

  1. 1 Whether an executing court can grant interest not awarded in the original decree for unreasonable delay in payment.

Ratio Decidendi

The executing court has no jurisdiction to grant interest not awarded in the decree; any such order is void and without jurisdiction.

Court Disposition

Petition dismissed

Orders

  • Respondents directed to pay the due amount to the petitioner as expeditiously as possible, but not later than three months from the date of receipt of this order.
  • Petitioner directed to communicate the order to the respondents.