GOKALDAS KALA Vs. GOVIND VISHWANATH

JUDGEMENT

(1.) This appeal arises out of the proceedings in execution of a decree passed under Section 522 of the Civil Procedure Code in accordance with an award filed under Section 526.

(2.) After the decree was passed the Dekkhan Agriculturists Relief Act became applicable in the district and it is argued that the Court executing that decree can, not only prescribe instalments but also modify the provision as to payment of interest contained in the decree by directing that interest should cease to run.

(3.) The decree, though passed under the chapter of the Code which relates to reference to arbitration, is in effect for sale. Therefore it is contended it comes within Section 15(b) of the Dekkhan Agriculturists Relief Act, But the decree for sale to which that section applies must have been passed in a suit of the description mentioned in Section 3 Clause (y) or Clause (z) and it certainly is a question whether an application under Section 525 of the Civil Procedure Code is a suit of that description.