- (1.) THE challenge here is to an extraordinary order passed by the executing Court while dismissing the execution application of the decree-holder as fully satisfied, holding the judgment-debtor, who had claimed no definite amount either as set off or as counter claim nor had he paid any court-fee, entitled to recover a sum of almost Rs. 6 Lakhs from the decree-holder.
(2.) TO give the relevant facts, the Food Corporation of India filed a suit against the Jalandhar Cooperative Labour and Construction Society, jalandhar, for the recovery of a sum of Rs. 46,000/- odd. This suit was decreed by the trial Court on October 3, 1985. The operative part of the judgment being as under : "in view of the statement of the parties and their counsel, the suit of the plaintiff is decreed with costs. The plaintiff will adjust the amount of pending bills of the defendant and their security in the decretal amount and if any balance is due to the defendant, the plaintiff will make payment thereof to the defendant without any delay. Decree-sheet be made and file be consigned. "
(3.) AFTER adjusting the amount received from the judgment-debtors, the decree-holder i. e. Food Corporation of India filed an application for execution of the decree against the judgment-debtors for the recovery of Rs. 27,000/- odd. The judgment-debtors, on their part, claimed that after adjusting the amounts due to them by the decree-holder, the decree-holder owed to them, in respect of their bills, a sum of Rs. 5,18,762. 13 Paise. Interest was also claimed thereon at the rate of 12 per cent per annum which amounted to Rs. 1,09,658/ -. In this manner a sum of Rs. 5,99,586/- was claimed by the judgment-debtors from the decree-bolder in execution of the decree. The finding recorded by the executing Court in the impugned order is to the effect that the claim of the Food Corporation of India stands fully satisfied while the judgment-debtors are entitled to recover from the Food Corporation of India a sum of Rs. 5,99,586/ -.;