RADHAKISHAN JAIKISHAN Vs. KALICHARAN

JUDGEMENT

(1.) THE only point pressed in this miscellaneous appeal by Shri N.P. Dwivedi is, that the present execution application is barred by time, and the learned Civil Judge, Class I, Khandwa, was in error when he held that it was within time.

(2.) TO understand the implications on this point, some facts may be stated briefly. Mst. Pannibai, the mother of respondents 1 and 2, and respondent No. 2 Suraj Prashad, filed a suit against the present appellants and obtained a consent decree on 7th October 1936. The defendants were allowed to pay the decretal amount in certain instalments which are stated in paragraph 2 of the order of the learned lower Court. In default of 3 yearly instalments, the whole was to be paid atonce.

(3.) THEN an application was made by Surajprashad on behalf of himself and on behalf of his minor brother, and also by the judgment -debtors, to have an adjustment recorded as certified. It was mentioned that the decree -holders had agreed to accept Rs. 1,800 in full satisfaction of the decree and to forego the remaining amount. The judgment -debtors had paid Rs. 150 before the application and Rs. 1,000 in cash on 3rd April 1842, and therefore, it was stated that the balance of Rs. 650 would be paid on 1st March 1943. On 15th April 1942, the adjustment was ordered to be recorded as certified.