MANGAL SINGH AND OTHERS Vs. BAJRANG BALI

JUDGEMENT

(1.) THIS is an appeal on a certificate by Chopra J. against his judgment, dated 4 -6 -1951, under S. 52 of Pepsu Ordinance No. X of 2005 bk.

(2.) IN a money suit by Harkishan Dass, father of Bajrang Bali respondent, against Mangal and others, appellants, the parties entered into a compromise, in consequence of which a decree for Rs. 865/ - and costs amounting to Rs. 131/14/ -, all totalling to Rs. 996/14/ -, was passed in favour of Harkishan Dass and against the present appellants on 22 -1 -1937. The contract entered into between the parties compromising the suit provided for discharge of the decretal amount by certain instalments, with the condition that in the event of default the entire amount would become payable, with interest at the rate of 12 per cent, per annum from the date of the suit to realisation. The judgment -debtors not having paid any instalment, the decree -holder took out execution of the decree on 6 -7 -1937, for an amount of Rs. 1,215/14/ -, all told.

(3.) IN this appeal the Learned Counsel for the judgment -debtors -appellants has frankly conceded that there was default in the payment of the instalment due on 15th Har, 2002 bk. Upon this, therefore, there is no longer any controversy between the parties and the learned single judge reached the correct conclusion that there had been default in the payment of that instalment and thus the decree -holder -respondent was entitled to apply in execution for realisation of the remaining amount due under the decree subject to the terms of the compromise entered into between the parties on 17 -3 -1938.