SBCR NO.5/2008– PREM GURJAR V/S SHANKAR SINGH . . : ORDER DATED 23.9.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL REVISION PETITION NO.5/2008 Prem Gurjar. Versus Shankar Singh PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Paramveer Singh, for the petitioner Mr.Bharat Shrimali, for the respondent. DATE OF ORDER : 23rd September, 2008. O R D E R 1. Heard the learned counsels for the parties. 2. This revision petition is directed against the judgment and decree dtd.11.10.2007 whereby while decreeing the money suit fled by the plaintiff – petitioner of Rs.68500/-, the learned trial Court has directed payment of decreetal sum in installments of Rs.2000/- per month and in default of payment of three continuous installments, entire remaining sum under decree shall be payable to the plaintiff – decree holder. SBCR NO.5/2008– PREM GURJAR V/S SHANKAR SINGH . . : ORDER DATED 23.9.2008 2/3 3. The learned counsel for the petitioner submits that without assigning any reason, the learned trial Court has granted the relief of installments under Order 20 Rule 11 C.P.C. He submits that the judgment debtor is a driver in RSMM and being Government servant, fixation of such small installments by the learned trial Court is delaying the satisfaction of the decree unnecessarily. 4. The learned counsel for the respondents however, opposes these submissions and submits that since the learned trial Court has already directed that in the event of three defaults, the entire decree shall become executable, no interference is called for in the present revision petition. 4. Having heard the learned counsels, though the order passed by the learned trial Court does not require any interference as it is within the discretion of the learned trial Court to fix installments under Order 20 Rule 11 C.P.C. in the facts and circumstances of the case, however, it appears that against the decree of Rs.68,500/- made on 11.10.2007, the installments of Rs.2000/- per month is on lower side. The learned counsel for the petitioner also relied upon the decision of this Court in the case of Prakash Chandra Singhal V/s the Bank of SBCR NO.5/2008– PREM GURJAR V/S SHANKAR SINGH . . : ORDER DATED 23.9.2008 3/3 Baroda reported in 1991(1) RLW 540 and Bank of India V/s Rakesh Jain and ors. reported in AIR 1999 (J & K) 50. 5. In view of the judgments cited at the bar and in the facts and circumstances of the case, a sum of Rs.4000/- is substituted in the impugned judgment dtd.11.10.2007 for a sum of Rs.2000/- per month. The remaining conditions shall be the same. 6. With the aforesaid observations, the revision petition is Disposed of. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.34 Ss/-