Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Contract Act Appropriation of payment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Contract Act, 1872 : Sections 59 & 60 - Appropriation of payment - Decree passed against respondents - Payment to be made in instalments - Failed to pay full amount - Appellant filed execution for warrants of attachment - Objection by respondent that the payment made was towards the principal only and not interest - Objections dismissed - Challenged in revision - Order of executing court set aside - Appellant found to have failed in replying to respondents' letter intimating him to appropriate the payment towards the principle only - Order of the High Court appealed against - Held - Sections 59 and 60 applicable only in pre-decretal stage - Post-decretal payments to be in accordance with the agreement between the parties or general principles - Burden of proof of agreement on the propounder - Respondent failed to discharge such an onus - Appellant not under obligation to intimate respondents about manner of acceptance of payment - Section 60 cannot be read independently excluding Section 59 - Both sections not applicable to the cases of single debt - Interest due on a principal is not a distinct debt. Code of Civil Procedure, 1908 : Order XXI Rules 1 & 2 - Payment under decree - Decree passed against the respondents along with interest and costs - Payment made by the respondents out of court in instalments - No agreement between the parties as to the mode of payment - Respondents claimed adjustment of payment towards the principal amount only - Payment/adjustment not recorded in accordance with Rule 2 - Held - Respondents not entitled to claim benefit of adjustment in the manner insisted upon by them. |
Judge | Hon'ble Mr. Justice R.P. Sethi |
Neutral Citation | 1999 INSC 55 |
Petitioner | M/s. Industrial Credit And Development Syndicate Now Called L.c.d.s. Ltd. |
Respondent | Smt. Smithaben H. Patel And Others |
SCR | [1999] 1 S.C.R. 555 |
Judgement Date | 1999-02-10 |
Case Number | 16902 |
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