JAGAN NATH Vs. TILAK RAJ PANDOH

JUDGEMENT

(1.) THIS Civil Revision is directed against order dated 26 -12 -2005 of 1st Additional District Judge, Jammu, whereby he rejected the application of the petitioner seeking setting aside of decree dated 21st of May, 1994, passed under Order XXXVII of the Code of Civil Procedure.

(2.) FACTS , giving rise to this Civil Revision, may be stated thus:

(3.) DURING the currency of execution proceedings taken out by the decree holder, the petitioner -judgment -debtor offered to pay the decretal amount in instalments. A consensus was arrived at between the litigating parties and their counsel that the petitioner -judgment -debtor, would deposit a sum of Rs,25,000/ - in lump -sum and, thereafter, pay a sum of Rs.5,000/ - per month regularly, without making more than two defaults and in case there was default by the judgment -debtor, he would become liable to pay whole of the decretal amount. The Executing Court, accordingly, passed an order on 01 -08 -2002 and disposed of the execution application in terms of the compromise arrived at by the parties.