MANGAT RAI Vs. ESPERANTO MEDIA & ORS

JUDGEMENT

(1.) The appellant assails the order dated 18th May, 2015 passed in Execution Petition No. 38/2015 by the learned Single Judge.

(2.) We have heard learned counsel for the parties. The facts giving rise to the present appeal are within a narrow compass. The plaintiff had filed a suit under the provisions of the Order XXXVII of the CPC. Initially, the defendant no. 2 did not enter appearance. The suit was consequently decreed in favour of the plaintiff and against all defendants on 12th November, 2013. Subsequently, this judgment was recalled.

(3.) During the pendency of the application under Order IX Rule 13 of the CPC of the CPC by the defendant nos. 1 and 2, an amount of Rs.10 lakhs was paid to the plaintiff. In the proceedings in the suit, on 20th November, 2014, the defendants informed the court that another sum of Rs.8 lakhs would be paid to the plaintiff in equal monthly instalments "within six months in full and final settlement of all claims and dues" which is the subject matter of the suit.