JOTI PRASAD Vs. SRICHAND

JUDGEMENT

(1.) The facts of this case are briefly as follows:

(2.) A suit was compromised between the parties on 16 June 1918. The substance of the compromise was embodied in the decree. Reading the decree in the light of the compromise there can be no doubt that it provided that Rs. 6,000 would be paid by the defendants to the plaintiffs on 12 July 1918, and the remaining amount would be paid by annual instalments of Rs. 1,000 each on 16th June in the following years in succession. The decree further provided that in case of default of two (consecutive) instalments, the defendants will pay the whole of the balance remaining unpaid to the plaintiffs. Admittedly Rs. 6,000 was duly paid. Rs. 1,000 was paid on 1 July 1919 and the decree-holders accepted it.

(3.) On 14 September 1925, the decree-holders filed an application for execution, out of which this appeal arises, giving credit for two sums of Rs. 2,000 each, stated in the application to have been paid on 12 June 1921, and 14th June 1923. They claimed that under the compromise decree they were entitled to recover the instalments of 1924 and 1955 together with interest. It is clear that their application was filed after all the instalments had fallen due, even without enforcing the default clause.