GULABCHAND KAPUR CHAND Vs. SAWACHAND BHOLA SINGH

JUDGEMENT

(1.) This appeal arises out of an execution matter and the only question is whether the last application for execution of the decree is barred by Section 48 of the Code of Civil Procedure.

(2.) The material facts are that on 29-3-1931 a decree was passed in favour of the appellant for Rs. 1205/- against the respondent. Execution was taken out on February 26, 1933 but was struck off on October 26, 1933 after recovery of Rs. 270/-. Another execution case No. 238 was instituted on October 20, 1934. A compromise was reached between the parties on June 20, 1937 which was recorded and given effect to by the court. By this compromise it was agreed that the judgment debtor was to pay a settled sum of Rs. 955/11/- by yearly instalments of Rs. 100/-. There was also the usual default clause, namely, that on failure to pay a single instalment the whole amount would become due and recoverable at once. The first instalment was to be paid on May 14, 1938.

(3.) On July 9, 1938 a sum of Rs. 75/- was paid and on July 4, 1939 another sum of Rs. 100/-was paid by the judgment-debtor.