MATHURA PRASAD SINGH Vs. BHAN KUMAR CHAND

JUDGEMENT

(1.) This is an appeal against an order of the Court below refusing to fix instalments for the satisfaction of a decree under execution. This order, under the Civil Procedure Code, can only be passed with the consent of the decree-holder. There is nothing to show that the decree, holder consented.

(2.) In fact Mr. Khurshaid Husnain, who appears in this appeal to oppose the application for stay, intimated to the Court that his clients are not willing to allow any instalments to be fixed. The judgment-debtor relied upon Section 15, Moneylenders Act, which vested the Court with powers to fix instalments independent of the consent of the decree-holder. But this Section, being repugnant to Order 20, Rule 11, Clause (2), Civil P.C., is under Section 107, Government of India Act, void.

(3.) The appeal is therefore dismissed with costs. A certificate will be issued in terms of Section 205, Government of India Act.