Jasbir Singh, J. - (1.) PETITIONER , Jaswant Singh raised a loan of Rs. 1,50,000/ - on 26.2.1981 from Respondent No. 1 and promised to pay the same along with interest @12 -l/2% per annum with quarterly rest. When he failed to fulfil his promise, Respondent -bank was forced to file a suit in the month of June, 1985 for recovery of Rs. 1,74,355/ - inclusive of interest upto 5.6.1985. Petitioner appeared before the trial court below and filed a written statement. Thereafter, during the pendency of the suit, on 12.1.1988, Petitioner made a statement to the following effect: Statement of Jaswant Singh s/o Arjan Singh s/o Bir Singh aged 46 years agriculturalist, resident of village Khajheri, stated that I took loan of Rs. 1,50,000/ - on 26.2.1981 from UCO Bank, Landran for the purchase of a Tractor. From this money, tractor No. CHW -5387 was purchased. This amount was taken at the rate of 12 -1/2% per annum interest with quarterly rest. Now I am ready to repay the amount. The amount whichever was paid by me should be adjusted in my loan account alongwith interest and suit may be decreed accordingly.
(2.) THE said statement was accepted to be correct by the counsel for the Bank and on the basis of this statement, the trial court passed the decree on 12.1.1988, relevant portion of which reads as under - Statement of Shri J.S. Gill, Advocate of Defendant No. 1 recorded admitting claim of the Plaintiff. As such, suit is decreed with costs and future interest at the rate of 12.50% P.A. from date of filing suit till the realisation vide separate judgment. Decree sheet be prepared and file be consigned to record. Petitioner never challenged the said decree, rather he paid some amount to Respondent No. 1. Thereafter, when he failed to make the further payment, Respondent No. 1 filed execution application. During the pendency of the execution application, the Petitioner moved one application under Section 151 Code of Civil Procedure for setting aside the judgment and decree dated 12.1.1988 on the ground that the same has been passed by playing a fraud on him and also under some undue influence. Along with the said application, one more application was moved by the Petitioner for summoning the file of the original suit from the record room so that his application can be taken up and decided after looking into the records of the original suit. The trial court below passed an order dismissing the application by stating that the earlier judgment has been passed in accordance with law and interest @ 12 -1/2% per annum has been granted.
(3.) THE above mentioned order passed on 9.5.1992 is under challenge. Shri Saggar appearing on behalf of the Petitioner, has vehemently contended that the decree has not been passed as per the statement given by the Petitioner before the trial court. He stressed that the later part of the statement regarding adjustment of the amount already paid by the Petitioner has not been incorporated in the decree and as such, the decree is liable to be recalled and set aside. He has further stated that the order under challenge is totally a non speaking one. He has also stated that when the application under Section 151 Code of Civil Procedure was moved, the Respondent -bank even filed a written statement, admitting therein that the amount already paid by the Petitioner/Judgment Debtor has been duly entered and accounted for in the books. He states that if that is so then the Petitioner is not liable to pay the amount as is being claimed now by the Respondent -bank.;