SOM NATH Vs. ONKAR NATH KAUL

JUDGEMENT

(1.) THIS is an application made by the defendant for fixation of instalments in the decree passed under Order 37 CPC by this Court.

(2.) THE maintainability of the application is called in question by the plaintiff on the ground that no such procedure is envisaged under Order 37 CPC and the fixation of instalments is beyond the purview and scope of the said order. I have heard the learned counsel for the parties.

(3.) IT is submitted by the counsel for the plaintiff respondent that the procedure under O 37 CPC being extraordinary and also peculiar in respect of negotiable instruments, therefore the ordinary procedure as provided by Order 20 CPC will not apply to such decrees and therefore the court is not competent to entertain an application for fixation of instalments.