SUGANCHAND Vs. ZAHUR BEG

JUDGEMENT

(1.) THIS is a revision against an order of the learned Munsif of Nawa rejecting an application to amend a decree.

(2.) THE facts of the case are simple and are not disputed. Firm Champalal Suganchand filed a suit against Natthu Beg and his three sons Zahur Beg, Ghafur Beg and Hima-yat Beg in the court of Hakim Sambhar on 1/1/32 for recovery of Rs. 700/ -. On 17/3/33 the parties entered into a compromise, according to which Himayat Beg was absolved. A decree for Rs. 621/- was passed against Zahur Beg and Ghafur Beg, Nathu Beg having died in the meanwhile. THE decretal amount was to be paid by instalments of Rs. 100/- on Phagun Sudi 15 of every year beginning with the Phagun of Svt. 1990, and the last instalment was to be of Rs. 121/- payable on Phagun Sudi 15 Svt. 1995. It was provided that the instalments will be paid on the due dates, but in case of default the decretal amount will carry 18% interest per annum, and will be recoverable en bloc, and certain immovable property of the judgment-debtors was hypothecated for the satisfaction of the decretal amount. THE court, after verification of the compromise, passed a judgment on 15/4/33, the relevant portion whereof is as follows : " During the proceedings a compromise was produced on the earlier date and verified by Zahur Beg, defendant No. 2, and the Mukhtaram of the plaintiff. THE plaintiff has corns today and has withdrawn his suit against defendant No. 4 (Himayat Beg ). THE name of defendant No. 1 (Natthu Begs has been struck off as he has died. Defendant No. 3 Ghafur Beg has also verified the compromise today in pursuance whereof defendants No. 2 and 3 will pay Rs. 621/- to the plaintiff by instalment son the due dates according to the terms of the compromise". THEn follows the operative part of judgment which is as follows :- *** A decree was prepared on the same day and the operative portion was as under: ***