VANKAYALA NAGESWARA RAO Vs. PECHETTI CHANDRA RAO
HIGH COURT OF ANDHRA PRADESH
VANKAYALA NAGESWARA RAO
PECHETTI CHANDRA RAO
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(1.) This revision is preferred by the plaintiff in O.S 134 of 1969 on
the file of the Principal District Munsif, Amalapuram, against the
order made on I A 472 of 1971, dated 19-7-1971, granting the respondent-defendant
herein, permission to pay tht decretal amount in
instalments of Rs. 200/- per month.
(2.) The decree in the suit O. S. 134 of 1969 was passed on
11-2-1971. By means of an I A 472 of 1971 dated 2-3-1971,
the defendant-respondent prayed for permission to pay the
decretal amount by instalments at the rate of Rs. 50/- per
month till the entire debt is discharged. The petitioner-decree-holder
opposed the said application stating that the suit itself
was based upon a pronote dated 9-8-1965, that the suit was filed on
18-7-1969; that the decree was passed on 11-2-1971 that the petitioner
(defendant) was in a position to pay the decretal amount at one time;
that he has got stock in trade worth Rs. 5,000/-that he has recently
purchased a house worth Rs. 23,000/- and two sites for Rs. 7,000/-
and Rs.6,500/- respectively and that the petition for instalments
should be dismissed with costs.
(3.) The decree amount is about Rs 3 500/-. The lower court considered
the application on merits and ultimately held that it was a
fit case where an order can be passed under Order 20. Rule 11 (2) CPC.
Regarding the claim of the Judgment debtor that the instalment
should be fixed at Rs.50/- per month, the lower court considered the
claim and found that if the payment of Rs. 50/- per month is granted
it would take an unduly long time for the discharge of the decretal
amount. The lower court, therefore, fixed the instalment at Rs. 200/-
per month. In order to obviate the fear of the decree-holder that the
Judgment debtor may alienate his immovable properties, the lower
court directed him to furnish security for Rs.5,000/- of his own and
also third party security for the same amount to the satisfaction of
tbe lower court.;
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