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Issues Involved:
1. Whether a judgment debtor has any option or right to make the payment of the decretal amount in the manner he likes unilaterally? 2. Whether the mere acceptance of such amount by the creditor can be held to be agreeing to the condition put by the judgment debtor while satisfying the decree? 3. Whether a debtor can unilaterally insist upon the payment of the decretal amount in liquidation of the principal amount in the first instance notwithstanding his liability to pay the interest and costs? Summary: Issue 1: Judgment Debtor's Right to Unilateral Payment Manner The Supreme Court examined whether a judgment debtor has the right to unilaterally decide the manner of payment of the decretal amount. The Court held that the general rule of appropriation of payments towards a debt is that, in the absence of a specific condition or agreement to the contrary, the money paid by the judgment debtor is first applied in the payment of interest and costs, and then towards the principal amount. This principle is supported by precedents such as *Venkatadri Appa Row v. Parthasarathi Appa Row* and *Meghraj v. Mst. Bayabai*. Issue 2: Creditor's Acceptance of Payment Conditions The Court addressed whether the creditor's mere acceptance of the payment implies agreement to the conditions set by the judgment debtor. It was found that the decree holder had intimated the judgment debtor that the amount paid had not been appropriated towards the principal amount. The Court emphasized that there is no obligation on the decree holder to intimate the judgment debtor that the amount paid to him had not been accepted in the manner specified by him. The judgment debtors' plea that the payments made were in liquidation of the principal amount was negatived. Issue 3: Unilateral Insistence on Payment Towards Principal The Court considered whether a debtor can unilaterally insist on the payment of the decretal amount towards the principal first. The Court held that Sections 59 and 60 of the Indian Contract Act, 1872, which deal with the application of payments where the debt to be discharged is indicated or not indicated, are applicable only in the pre-decretal stage and not thereafter. Post-decretal payments have to be made either in terms of the decree or in accordance with an agreement between the parties. The Court reiterated that the general rule is that payments are first applied to interest and costs, and then to the principal amount, unless there is an agreement to the contrary. Conclusion: The appeal was allowed, setting aside the impugned order of the High Court and upholding the order of the executing court. The appellant was entitled to costs throughout. The judgment clarified that the general rule of appropriation of payments towards a decretal amount is to first adjust towards interest and costs, and then towards the principal amount, unless there is an agreement to the contrary.
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