CENTRAL BANK OF INDIA Vs. ASHOKE KUMAR BOSE
HIGH COURT OF CALCUTTA
CENTRAL BANK OF INDIA
ASHOKE KUMAR BOSE
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(1.) THIS is a revisional application at the instance of the plaintiff, central Bank of India and is directed against an order dated March 16, 1979, passed by the learned Subordinate judge, 4th Court alipore, dismissing the plaintiff's application under section 151 and 152 of the Code of civil Procedure filed in Title Suit No. 41 of 1968.
(2.) THE plaintiff instituted the aforesaid suit against the predecessor-in-interest of the present opposite parties for realisation of a sum of Rs. 1,80,399. 84 due towards principal and interest calculated upto May 28 1968, on enforcement of a mortgage. In this suit the plaintiff further claimed interest at the contractual rate from May 29, 1968, until realisation.
(3.) THE suit was ultimately decreed exparte on April 17, 1973, on the following terms
"that the suit be decreed exparte in a preliminary form with costs. The plaintiff do get a decree for Rs. 1,80,399. 84 plus costs as ordered above. The decretal dues to carry interest till the date of realisation. The defendant to pay up the decretal dues within 6 months from date. In default the plaintiff would be entitled to apply for a final decree with a prayer for sale of the mortgaged property or any portion thereof for satisfaction of the plaintiff's dues. ";
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