BISWANATH BHATTACHARJEE Vs. SAMESWAR SARMA BARUAH

JUDGEMENT

(1.) The case as it seems to me is really a simple one. It relates to an instalment decree, dated the 21st December 1908. The decree is founded on a judgment in these terms: "Defendant admits the claim but prays for an order to pay by instalments. Plaintiff will get a decree with costs for the amount claimed to be paid in yearly instalments of Rs. 600 (six hundred) payable on July 15th each year with interest at 12 per cent. In default of any instalment the whole amount will be payable."

(2.) The decree itself runs as follows: "It is ordered that the defendant do pay to the plaintiff the sum of Bs, 2,888-8-0 with interest thereon at the rate of 12 per cent, per annum, with the costs of the suit.

(3.) The amount decreed with casts to be paid in yearly instalment of Rs. 600 (six hundred) payable on July 15th each year. In default of any instalment the whole amount will be payable."