LAWS(CAL)-1973-6-9

DEEPCHAND MINI Vs. TICAMCHAND MINI

Decided On June 12, 1973
DEEPCHAND MINI Appellant
V/S
TICAMCHAND MINI Respondents

JUDGEMENT

(1.) In order to appreciate the questions involved in this specially assigned application it is necessary to set out below the material portion of the compromise decree dated March 22, 1968 passed in this suit which was filed by the plaintiff respondent claiming Rs. 16,204/-, with interim interests and costs against the petitioner defendant.

(2.) Now, I will briefly state the facts in a few following paragraphs.

(3.) The defendant having failed to pay the fourth quarterly instalment which fell due on April 15, 1969 an Order was passed giving him leave to deposit the said amount into this Court without prejudice to the rights, if any, of the plaintiff and in terms of the said order he duly deposited the said amount on June 13, 1969 and it was withdrawn by the plaintiff without prejudice to his rights, if any.