BAJERAM Vs. BADRILAL PATIDAR

JUDGEMENT

(1.) APPEAL is directed against the order dated 10.3.97 of the 3rd Addl. District Judge, Ratlam passed in M.J.C. 26/96 whereby the decretal amount has been directed to be paid in instalments of Rs. 10,000/ - per year. Hence, this appeal by the decree -holder.

(2.) CONTENTION of learned counsel for decree -holder is that the instalments have been granted without the consent of the decree -holder and, therefore, the order is wholly without jurisdiction.

(3.) ORDER 20 Rule 11 CPC deals with decree with a direction for payment by instalments. Order 20 Rule 11 (1) CPC deals with grant of instalments prior to passing of decree i.e. during the pendency of the suit before the Court; while order 20 Rule 11(2) deals with the order of payment by instalments after the decree which reads as follows :