BHAGIRATH KISHORILAL PALIWAL Vs. MADHAORAO GANGADHARRAO CHITNAVIS

JUDGEMENT

(1.) THIS is a miscellaneous (second) appeal by the judgment-debtor arising out of Execution case No. 87B of 1939 decided on 16th February 1940. The appellant borrowed from the respondent a loan in 1934. As he failed to repay the same he was sued in 1939 and a decree for Rs. 4428-3-0 was obtained against him on 16th February 1940. Even after the passing of the decree the appellant failed to pay anything until 22nd November 1943. On that date adjustment of the aforesaid decree wai'recorded where by as per agreement between the parties the decree was made payable in eight instalments with interest at 3 per cent, per annum and the judgment-debtor's property was charged. It was also provided that in default of any two instalments the whole of the decretal amount would become exigible.

(2.) THE judgment-debtor made the following payments towards the decree: Rs. 250 on 30th March 1944 (towards the instalment of Rs. 500 due on 31st Maroh 1944) Rs. 950 on 25th January 1946 (nothing was paid towards the second instalment which fell due on 31st March 1945) Rs. 600 on 1st April 1946. Rs. 581 on 28th March 1947.

(3.) ON 15th January 1946, the judgment-debtor put in an application which purported to be one under Order 21, Rule 2 and Section 148, Civil P.C. The judgment-debtor stated in that application that he could not pay the instalments on proper dates on account of his illness and the illness of his daughter. He stated that he intends to satisfy the entire decretal amount but he is not in a position to pay the same at once. He prayed that time for payment be extended as set forth above and the amount paid be adjusted accordingly.