GOPAL CHAND BHALLA Vs. GOBIND SARUP

JUDGEMENT

(1.) This appeal arises out of certain execution proceedings. On 25-3-1951, Gobind Sarup obtained a decree against Gopal Chand and Jaswant Kumar for a sum of Rs. 1,414/- with costs and future interest at the rate of 6 per cent per annum. Execution was taken out and during execution proceedings the parties entered into a compromise in 14-5-1949. The judgment-debtors agreed to pay the decretal amount by instalments of Rs. 30/- per month.

(2.) It seems that the judgment-debtors did not pay up the stipulated amount and an application for execution was again taken out by the decree-holder on 31-7-1951. Gopal Chand judgment-debtor preferred objections under Sections 47 and 60 of the Code of Civil Procedure. For the second time the parties entered into a compromise on 24-11-1951 in the executing Court, the result of which was that the amount of instalments payable was raised from Rs. 30/- to 40/- per month.

(3.) The last execution application was taken up on 13-11-1954 and this was in respect of future interest. The decree-holder claimed that he was entitled to a sum of Rs. 1,128-10-0 in respect of future interest and was entitled to execute the decree as the same had not been paid. The judgment-debtor raised various objections on which the following issues were framed :