IN RE: K.R. NARAYANASWAMI CHETTY Vs. STATE

JUDGEMENT

(1.) THE Office Note is coming up for orders in the following circumstances : This S.R. No. 26480 (the unnumbered C.M.A.) is sought to be filed against the order of the Subordinate Judge of Vellore ,dated 26th July, 1957, in E.A.No. 642 of 1957 in O.S. No. 82 of 1956 on his file. The application in the Court below was filed under Order 20, Rule 11(2), Civil Procedure Code, praying to permit the petitioner to pay the decree amount in instalments at Rs. 1,000 per quarter. The lower Court passed on order directing payments of Rs. 2,000 per quarter commencing from 26th October, 1957, in default of which it was made clear that the concession extended would be withdrawn. The present appeal is sought to be preferred against that order of the Subordinate Judge.

(2.) THE question for consideration posed by the office is whether a Civil Miscellaneous Appeal is maintainable as contended for by the advocate for the appellant under Section 47, Civil Procedure Code.

(3.) THE other stage is after the passing of the decree and Order 20, Rule 11(2), as unamended runs as follows: