• Civil Procedure Code, 1908 (V of 1908) Order 34, Rule  5, Order 21, Rule 90 - Bank obtained a secured asset for the loan - For the enforcement of security obtained a simple money-decree - After the sale was confirmed it appears that the judgment debtors and some other persons claimed the property on a plea that there had been a compromise with the creditor-bank - In execution the property was sold - Sale was confirmed - Confirmation of sale brings a terminus quo as regards the claim against auction purchasers and if any such sale can be assailed it is possible only in the proceeding under Order 21 Rule 90 CPC for any of the reasons set forth.      (180) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) Order 34, Rule 11 - Mortgage - Suit where the rate of interest, payable on the principal amount is already fixed under the mortgage deed, the rate of interest payable shall reflect the interest recorded in the mortgage deed/agreement - As regards future interest i.e. interest from the date of the decree upto payment/realisation referred to as "subsequent interest - Interest shall be assessed on the aggregate of principal sums specified i.e. 14-1/2% from the date of default upto the date of preliminary decree per annum with half yearly rests - Future interest also payable at the agreed rate - At 14-1/2% with yearly rest. (177) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) Order 34, Rule 11 - Mortgage - Suit where the rate of interest, payable on the principal amount is already fixed under the mortgage deed, the rate of interest payable shall reflect the interest recorded in the mortgage deed/agreement - As regards future interest i.e. interest from the date of the decree upto payment/realisation referred to as "subsequent interest - Interest shall be assessed on the aggregate of principal sums specified i.e. 14-1/2% from the date of default upto the date of preliminary decree per annum with half yearly rests - Future interest also payable at the agreed rate - At 14-1/2% with yearly rest. Punjab National Bank v. Rajbir Singh . (177) P.L.R.