ABDUL RAHAMAN SODAGUR Vs. DULLARAM MARWARI

JUDGEMENT

(1.) I think the Munsif's decision is right and that of he Subordinate Judge wrong.

(2.) The decree is dated the 30th August 1880 and the first application to execute it was preferred on the 25th May 1881.

(3.) Three days afterwards the judgment-debtor petitioned to be allowed to pay the amount due under the decree by instalments extending over many years, the instalments being set but in the petition, which was made with the consent of the decree-holder. The Court passed this order: "According to the application of both parties it is ordered that the case be struck off and the decree be returned." The present application to execute was made on the 7th March 1885. The Munsif has held that it is out of time, more than three years having expired since the date of the last application. The Subordinate Judge considered that the Court recognized the arrangement proposed by the parties, and that under Section 210 of Act X of 1877, which corresponds with Section 210 of the present Code, the order above referred to must be taken to embody an order that the amount of the decree should be paid by instalments.