IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRDESH:: HYDERABAD TUESDAY, THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.731 OF 2010 Between: Gundala Narsing Rao …Petitioner A n d Smt.Vibha Vinod Lakshmi ..Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.731 of 2010 ORDER: This civil revision petition is directed against the order dated 20-11-2009 in E.A.No.85 of 2008 in E.P.No.38 of 2005 in O.S.No.574 of 2005, on the file of the Principal District Judge, Ranga Reddy District, wherein the said application filed by the petitioner herein under Section 47 CPC seeking permission to raise the plea of damdupat, was dismissed. 2. Heard both sides. Perused the record. 3. The respondent herein filed the suit against the petitioner for recovery of Rs.1,75,000/- and it was decreed with costs and interest. Aggrieved by the same, the petitioner filed an appeal in CCCA.No.67 of 1990 and the same was also dismissed. The judgment and decree have thus become final. The respondent-decree holder filed E.P.No.38 of 2005 for recovery of the balance amount due under the decree. At that stage, the petitioner filed E.A.No.85 of 2008 under Section 47 CPC raising for the first time the plea of damdupat. The petitioner-judgment debtor admittedly never raised the said plea either in the suit or in the appeal or in the earlier E.P.No.13 of 1988. 4. The learned counsel for the petitioner seeks to rely upon a decision in VISWANATHAM BALA SUBBA RAYUDU V. LAKKI REDDY CHENNAMMA (DIED) PER LRs[1] which is referred to in the impugned order also and contends that the plea of damdupat can be raised at any stage. In the above decision, the said plea of damdupat was permitted to be raised at the stage of appeal though it was not raised in the suit. It is well settled that the appeal is continuation of suit. In the above decision, it was nowhere held that the said plea of damdupat can be raised even in EP proceedings. The execution Court has, therefore, rightly held that the said decision is not applicable to the present case wherein the said plea of damdupat was sought to be raised in the EP proceedings. 5. In a decision in NIVRUTTI NARAYAN BANKAR V. ADARSHA PADHEGAON VIVIDH KARYAKARI SEVA SAHAKARI SOCIETY LTD., AND OTHERS[2], the High Court of Bombay extracted a passage from Mullah’s Hindu Law on the rule of damdupat, which is in the following terms: “Where a suit has been instituted to recover a loan, the rule of Damdupat ceases to operate. The result is that though the Court is bound to apply the rule of damdupat up to the date of the suit it is free to award interest to the creditor at such rate as it thinks proper from the date of the suit up to the date of decree or payment upon the total amount that may be found due to him after applying that rule. The rule of damdupat does not apply to interest recoverable in execution of a decree. The reason is that the rule ceases to operate after suit.” 6. It is well settled that the execution Court cannot go beyond the decree. The petitioner having never raised the plea of damdupat either in the suit or in the appeal or in the earlier execution proceedings, cannot be permitted to raise the same in the present EP. The learned counsel for the petitioner would submit that even the amounts which were paid earlier in pursuance of the decree have not been given credit to. It is open to the petitioner- judgment debtor to raise the said plea before the execution Court and on proof of any such payments having been made, it is needless to state that they are liable to be given credit to. The execution Court would certainly consider the said plea of partial discharge on its merits and pass appropriate orders in the EP. The impugned order, dismissing the application filed by the petitioner-judgment debtor under Order 47 CPC is, however, not liable to be interfered with. 7. In the result, the civil revision petition is dismissed. There shall be no order as to costs. ____________________ G.V.SEETHAPATHY, J 15th March, 2011 Lrkm [1] 2008(1) ALT 665 [2] AIR 1985 Bombay 131