WORKERS UNION COMPANY A REGISTERED FIRM Vs. UNION OF INDIA
LAWS(APH)-1969-8-10
HIGH COURT OF ANDHRA PRADESH
Decided on August 13,1969

WORKERS UNION COMPANY, A REGISTERED FIRM, REPRESENTED BY THE MANAGING PAITNER Appellant
VERSUS
UNION OF INDIA, OWNING SOUTH CENTRAL RAILWAY. PETITIONER Respondents

JUDGEMENT

- (1.)A decree has been passed in O. S. No. 38 of 1966 against the Union of India owning South Central Railway, on 30-9-1967. In conformity with the provisions of Section 82 C. P. C. the Court that passed the decree fixed the time for the satisfaction of the decree. The time so granted expired on 30-12-1967, As no deposit has been made by the defendants within the time allowed by the Court, the appellant filed a petition for the enforcement of the Decree on 9-1-1968. The process fee was deposited on 18-1-1968. The defendant deposited into Court the entire amount due under the Decree and costs on 5th Feb, 1968. There is now no dispute that the decree was completely satisfied by the above mentioned deposit.
(2.)The question in issue is whether the decree holder is entitled to the costs of the execution petition, The courts below held that he is not so entitled, but directed each party to bear its own costs in the petition. The decree-holder preferred this appeal and the question is whether he ought to have been granted costs of the execution petition.
(3.)The argument in favour of disallowance of the costs to the decree-bolder rests upin the view taken by the Courts below of the provisions of Section 82 C. P. C. Sub-Section (1) of Section 82 provides inter alia that, if the decree is not satisfied within the time specified by the Court, the Court shall report the case for the orders of the State Govt. Sub Section (2) of Section 82 says that execution shall not be issued on any such decree coming within the purview of section 82 unless it retnuns unsatisfied for the period of three months computed from the date of such report. The view that has been accepted by the Courts below is that, as the execution cannot be issued for a period of three months from the date of such repor, and as the decree has been satisfied before the expiry of three months from the dale of the expiry of the time granted by the Cour , no case is made oat for the grant of execution Costs to the decree-holder.
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