Supreme Court · 1968 INSC 37 · Decided 9 February 1968
Moti Lal Banker v. Mahraj Kumar Mahmood Hasan Khan
- Court
- Supreme Court of India
- Citation
- 1968 INSC 37 · [1968] 3 S.C.R. 158
- Case number
- CIVIL APPEAL No. 387/1965
- Decided
- 9 February 1968
- Bench
- R.S. BACHAWAT, VISHISHTHA BHARGAVA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 47; Limitation Act Section 175
Headnote
v. MAHRAJ KUMAR MAHMOOD HASAN KHAN February 9, 1968 (R. S. BACHAWAT AND V. ~HARGAVA, JJ.) CivU Procedure Code, 19os, •· 47 and 0.21 "· 2-Execution procuti­ ings ending in compromise whereby interest .at rate higher than dttrttd rate agreed to be paid-if 1uch Rs. 22,500 plus interest at 6%. As the respondent failed to pay, 4he appellant commenced exe­ cution proceedings on May 23, 1954 for Rs. 24,150 in the same court and these proceedings also ended in a compromise on May 29, · 1954 whereby the respondent agreed to pay within two months
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