1 S.B. Civil Misc. Appeal No.1018/2007 Ram Niwas. vs. Rajasthan State Financial Corp. & Anr. S.B. Civil Misc. Appeal No.1018/2007 Ram Niwas. vs. Rajasthan State Financial Corporation and another. Date : 26.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.BN Kalla, for the appellant. Mr.BM Bhojak, for the respondents. - - - - - Heard learned counsel for the parties. The only question involved in this appeal is whether the Civil Court under Section 31(aa) of the State Financial Corporation Act, 1951 could have passed the decree for the amount after ascertaining that amount and could have awarded interest. Section 31(aa) is a special provision by which the financial corporation can seek relief for enforcing the liability of any surety and under Section 31, the Civil Court cannot pass the decree but can pass appropriate order. This issue has been settled by the judgment relied by learned counsel for the appellant delivered in the 2 S.B. Civil Misc. Appeal No.1018/2007 Ram Niwas. vs. Rajasthan State Financial Corp. & Anr. cases of M/s. N.L.P. Organics Pvt. Ltd. & Ors. vs. Rajasthan Financial Corporation reported in AIR 2007 Rajasthan 10 as well as in the case of M/s. O.K. Gaur & Company and another vs. Rajasthan Finance Corporation reported in AIR 2001 Rajasthan 4. In view of the above, this appeal is partly allowed and the part of the order dated 5.12.2003 passing the decree of Rs.91,569/- with interest against the appellant and the respondent no.2 is set aside. Since the impugned order is separable and the civil court has passed the order recognizing the right of RFC so far as recovery of the amount by sale of property, therefore, rest part is upheld. The respondent RFC will be free to proceed with the help of the order dated 5.12.2003 except treating it as a money decree. (PRAKASH TATIA), J. S.Phophaliya