SITABAI ZUKAPPA MHETRE Vs. KESHAVRAO PARVATRAO KATE

JUDGEMENT

(1.) The plaintiffs in this suit got a decree on the 24 July 1908 for Rs. 6,693 with interest on Rs. 6,500 at twelve annas per cent. per mensem. The decree was made payable by instalments of Rs. 1,000 each. The first instalment was to be paid at the end of Ashad Shake 1831 corresponding wi July, 1909. Apparently nothing further was done by the plaintiffs although no instalments had been paid under the decree until the 7 of April 1914 when an order was made making the decree final for the sum become due It is strange that that order was made as it was absolutely unnecessary. But it has been made, and, therefore, it must be considered that that order kept the decree alive.

(2.) In December 1915 the first Darkhast was filed. At that time all the instalments payable under the decree had become due. But we have not been told to what instalments the Darkhast related. The Judge says that that Darkhast fell through on account of the plaintiffs laches. But it is admitted that the two instalments for 1909, 1910, with interest had been paid.

(3.) The next Darkhast was filed in November 1918 to recover the instalments which fell due in 1911, 1912 and 1914. The Judge said that that Darkhast was evidently time-barred, and it would be so unless the Darkhast of 1915 could be considered as a step-in-aid of execution with regard to the instalments which were sought to be recovered in the Darkhast of 1918. However that may be, execution proceeded under the Darkhast of 1918 and recoveries were made. It appears from the Darkhast that the instalments for 1914, 1915, were first entered in it, but were afterwards struck out, so that the Court did not pass any order with regard to those instalments by which the plaintiffs right to recover them was reserved.