Apex Law Journal
Apex Law Journal
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Neha Goel, Advocate

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S.C. Khunger, Advocate

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Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Appropriation of payment towards a decretal amount

Thursday, December 08, 2011
Appropriation of payment towards a decretal amount

Appropriation of payment towards a decretal amount — The general rule of appropriation of payment towards a decretal amount is that such an amount is to be adjusted firstly strictly in accordance with the directions contained in the decree and in the absence of such direction, adjustments would have to be made firstly towards payment of interest and costs and, thereafter, in payment of the principal amount — Such a principle, however, would be subject to an exception when the parties might agree to the adjustment of the payment in any manner despite the decree — Meghraj Vs. Mst. Bayabai & others, [AIR 1970 SC 161] relied. 

 
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