PREMCHAND BHIKABHAI Vs. RAMDEO SUKDEO MARWADI

JUDGEMENT

(1.) THIS is a decree-holder's appeal. The questions for decision in this appeal are whether there was a default in the payment of two consecutive instalments payable under the compromise decree, dated 6th November 1943, in civil Suit No. 1-A of 1941 and whether the entire amount has become exigible. The decision turns on the construction of the decree.

(2.) IN order to decide the questions involved in this appeal it is necessary to set out briefly a few relevant facts. They are these:

(3.) DURING the pendency of the appeal the decree-holder made an application on 20th February 1942 for a final decree for sale.