K.K. KAR Vs. MODERN MALLEABLE CASTING WORKS

JUDGEMENT

(1.) This appeal is by the judgment -debtor and it arises out of a proceeding under Sec. 47 of the Code of Civil Procedure.

(2.) The decree in question was a decree for money. The judgment -debtor's plea in resisting the execution was that there was an adjustment of the decree by an agreement, which really was an agreement, regulating the mode of satisfaction of decree and granting time for the same.

(3.) It is clear, therefore, that this was an agreement which regulated the rights and liabilities under the decree, leaving it untouched, except as to the mode of satisfaction of the same and the time for the purpose. Such an agreement would be an adjustment on the authorities : vide The Oudh Commercial Bank Ltd., Fyzabad v/s. Thakurain Bind Basni Kuer , (1939) 43 C.W.N. 501 (P.C.) and Pattu Kumari Bibi v/s. Nirmal Kumar Singh Nowlakha , (1939) 43 C.W.N. 907. According to the Appellant, also this was an adjustment of the decree in question. That decree, however, as we have already said, is a money decree. In the circumstances, although the matter no doubt comes under Sec. 47 of the Code of Civil Procedure, it comes also under Order XXI Rule 2 of the Code.